Vattel and the American Dream: An Inquiry into the Reception of the Legal Treatise ‘Law of Nations’ in the United States

Click on image for more on the importance of Vattel's writings to the founders of our country and framers of our Constitution
Click on image for more info on the importance of Vattel’s writings to the founders of our country and framers of our Constitution

Vattel and the American Dream: An Inquiry into the Reception of the Legal Treatise ‘Law of Nations or Principles of Natural Law’ in the United States | by Vincent Chetail – Graduate Institute of International and Development Studies (HEI)

[ Or as I would put it:  The man of the enlightenment period whose writings greatly influenced and helped the American Revolutionaries and the Founders & Framers and thus changed the world – Emer de Vattel – via his legal treatise and discussions in Volume 1 about the formation of a nation using principles of Natural Law which would be governed by a written Constitution and the natural law nature of who are the members of that society and the method by which it perpetuates itself ‘The Law of Nations or Principles of Natural Law, Vol.1 Chap. 19‘ — CDR Kerchner (Ret) ]

Abstract: No other book on international law has been more widely read and cited than “The Law of Nations” by Vattel. The present article identifies and analyses the various reasons that explain Vattel’s authority in the United States. It first retraces his influence on the Founding Fathers, on the subsequent diplomatic and judicial practice, and on the legal doctrine in the United States. The article then examines his conception of national sovereignty as the most decisive reason explaining Vattel’s influence in the United States and the overall impact of his work.

Number of Pages in PDF File: 50

Keywords: Vattel, history of international law, law of nations, founding fathers, sovereignty, state equality, independence, right of resistance, legal philosophy, natural law, positive law

Read and download a copy of this important paper about Vattel and his legal treatise ‘The Law of Nations or Principles of Natural Law’ influence on the American Colonies and the founders of our nation at this link:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2364449

Vattel’s preeminent legal treatise ‘The Law of Nations or Principles of Natural Law’ of the founding period defines who is a “natural born Citizen” of a country:  http://lonang.com/library/reference/vattel-law-of-nations/vatt-119/

Read more about Vattel’s influence on American common law and the founders of our nation and the framers of our founding documents by Article II constitutional expert Atty Mario Apuzzo:  http://puzo1.blogspot.com/2009/08/law-of-nations-and-not-english-common.html and for many more legal essays about our founding documents and constitutional terms therein written by Atty Apuzzo and the importance of such on current political events see: http://puzo1.blogspot.com

Get a one page flier about this Swiss writer’s paper on the influence of Emer de Vattel’s writings on the founding of our country to use as an educational handout at this link: https://www.scribd.com/doc/301499353/Vattel-and-the-American-Dream

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Obama Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.
Cruz and Rubio (and Obama) Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.

A Lesson from History. Is Being Born a Citizen (Citizen at/by Birth) of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided … No, It Was Not!

By: CDR Charles F. Kerchner, Jr., P.E. (Retired)

During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. At some point, he also suggested to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military. Another version of Hamilton’s proposed Constitution and which principles were stated during the convention’s deliberations per Madison notes and journal (see work of Farrand – pg 619), was given to Madison near the close of the convention for inclusion in Madison record of events for the convention. Hamilton’s proposed Constitution was not accepted.

Alexander Hamilton’s suggested presidential eligibility clause:

“No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.”

Many of the founders and framers rightly had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military. This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s treatise on Natural Law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” or “born a Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents, both of them, when their child is born, as per natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s proposed principles for a Constitution and a presidential citizenship eligibility requirement therein requiring that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. See Madison’s comment in his journal of the convention re this fact in which it reports as follows: ” … Copy of a paper Communicated to J. M. by Col. Hamilton, about the close of the Convention in Philada. 1787, which he said delineated the Constitution which he would have wished to be proposed by the Convention: He had stated the principles of it in the course of the deliberations. …” — 3 Max Farrand, The Records of the Federal Convention of 1787, at 619-630 (1911) – page 619. But that citizenship status for who could be President was rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay via George Washington, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign influence or allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay’s proposal and recommended clause added the additional adjective of “natural” before simply being a “born Citizen” which was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (the French term “naturels” was translated to English in 1781 in the Journal of the Continental Congress and in the 1797 English edition of Vattel), to tell us that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign national, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

The current defacto president and unconstitutional occupier of the Oval Office Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

Ted Cruz was born a citizen of Canada due his birth in Canada to a Cuban father. Marco Rubio was born a citizen of Cuba due to his birth to two Cuban national parents when he was born. And Bobby Jindal was born a citizen of India due to his birth to parents who were citizens of India when he was born. Thus all three were born with citizenship in more than one country and divided allegiances at birth.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, is a person who is simply being declared “born a Citizen” at/by birth by STATUTORY LAWS passed at some point in time by Congress, and liberalized more and more from time to time by Congress, per its “Naturalization Powers” permitted constitutionally to be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ Only a “natural born Citizen” can be the President of the USA and Commander in Chief of our military. Obama is NOT a natural born Citizen of the USA and is thus constitutionally not eligible (to constitutional standards) to serve as President and Commander in Chief of the military. And the same goes for Cruz, Rubio, and Jindal.

SBTP Dolly Madison Quote du Jour: “The Constitution was signed September 17, 1787, by 39 brave men who changed the world.”

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.scribd.com/protectourliberty/collections/
http://www.protectourliberty.org
https://cdrkerchner.wordpress.com

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.
P.P.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. Read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)”. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ Also read the “Three Legged Stool Test” for Natural Born Citizen https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8

Announcement: The Complete Obama Timeline | by Don Fredrick

Announcement:  The Complete Obama Timeline | by Don Fredrick

Obama family, friends, and close associates
Obama family, friends, mentors, role models, advisers, instructors, indoctrinators, enablers, close associates.  Image per Don Fredrick
“The Complete Obama Timeline exceeds 10,000 pages and includes more than 65,000 online references. Nowhere will you find a more complete history of Obama’s activities, from his birth to the present. The Timeline is (usually) updated on a daily basis. If it’s in the news and related to Obama, it’s in the Timeline.I scour the Internet, newspapers, magazines, and television reports every day, and then distill all the important stories to a few pages that you can read in just a few minutes. I do the research so that you do not have to. Just click on “The Timeline” tab above, and then click on the current month. Look for the text that is highlighted in yellow – that is the new text that was added the previous evening. … ”  Continue reading and reviewing at:  http://thecompleteobamatimeline.com/

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[Sheriff Arpaio – Obama ID Docs Fraudulent – Congress Must Act!]

[Sheriff Mack – Obama ID Documents Are Fake!]

Click on image for details
Click on Image for Details about Obama’s Forged Draft Registration Card.
Click on the Image for Details about Obama's Forged Birth Certificate and Selective Service (Draft) Registration Form
Click on the Image for Details about Obama’s Forged Birth Certificate.

Download a “Sheriff’s Kit” package of evidence of Obama ID document fraud: http://www.wheresobamasbirthcertificate.com and/or WOBC2.com

Copy of AZ Sheriff’s Office CCP Commander & Chief Investigator Michael Zullo’s sworn affidavit attesting that Obama’s ID docs are forged: http://www.scribd.com/doc/141560833/

Copy of Evidence that Obama’s Selective Service (Draft) Registration Card is forged: http://www.scribd.com/doc/164956489/

Maricopa County AZ Sheriff Joe Arpaio’s Cold Case Posse Investigative Reports into Obama’s Forged ID Docs: http://www.mcsoccp.org/joomla/

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.
Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.
Obama's short form and long form birth documents are forgeries
Obama’s short form and long form birth documents are forgeries

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time. Such is the nature of Communist activities in the USA. The target of the seditious political conspiracy we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and our military. Remember this quote from history: “We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. … The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst.” Quote by: J. Edgar Hoover former FBI director. Source: Elks Magazine (August 1956).

Marxist/Communists are trained to lie. It’s their modus operandi to deceive their true objectives. Obama is not just a pathological liar, he’s an ideological liar: http://www.americanthinker.com/blog/2013/12/obama_is_not_a_pathological_liar_he_is_an_ideological_liar.html

Obama lies continually to cover his true nature and objectives. Obama named Liar of the Year. Obama is a secret member of Muslim Brotherhood. They are trained to lie and they using the Islamic principles of TAQIYYA and KITMAN on steroids to hide their anti-American activities.

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/protectourliberty/collections/

Chairman Obama Has A Little Blue Book Just Like Chairman Mao’s Little Red Book

Obama's Communist Party Attributes & Friends
Learn More About His Little Blue Book & Obama’s Key Communist Party Friends in the Neighborhood

Chairman Obama Has A Little Blue Book Just Like Chairman Mao’s Little Red Book

See more about it here:  http://www.scribd.com/doc/187130320/Chairman-Obama-s-Little-Blue-Book-Obama-Has-His-Little-Blue-Book-Like-Chairman-Mao-Had-a-Red-One

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Also, listen to this interview of Trevor Louden, an expert on the communist aka Democratic Socialists of America infiltration of our Congress and government: http://www.trevorloudon.com/2013/11/trevor-loudon-interviewed-by-ginni-thomas-of-the-daily-caller/

Comments from former Communist David Horowitz: http://www.wnd.com/2013/11/is-obama-leading-america-into-communism/

Update remarks from Carl Gallups re Sheriff Arpaio’s investigation of Obama’s various forged ID docs: http://www.birtherreport.com/2013/11/team-arpaio-now-have-hard-document-evidence.html

Congress Must Look At This & Take Action!

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.
Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time. Such is the nature of Communist activities in the USA. The target of the seditious political conspiracy we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and our military. Remember this quote from history: “We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. … The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst.” Quote by: J. Edgar Hoover former FBI director. Source: Elks Magazine (August 1956).

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com/

P.S. Also read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html