How “Birthright Citizen” Went Off the Rails! — The Gestation of Birthright Citizenship, 1868-1898: States’ Rights, The Law of Nations, and Mutual Consent | by Bernadette Meyler | Cornell Law School

How “Birthright Citizenship” went off the rails under the influence of the progressive ideological movement in the USA regarding recognizing citizenship in the USA as simply due to being born here as the sole determining factor. This paper covers the key gestation period for that thought in the last half of the 19th century. And it continued to get manipulated and loosened even more since 1898 via misinterpreting the true holding of Wong Kim Ark (1898) Supreme Court decision (parents had to be legally domiciled permanent residents of the USA to give children born in the USA birthright citizenship) to where we are now, i.e., even illegal aliens’ children are considered to have “birthright citizenship”. Read the below paper to learn how it all started and evolved in the last half of the 19th Century, with some writings of that era for and against the interpretation as to whom has “birthright citizenship”, and the progressives and liberals point of view of why they think this is good.

The Gestation of Birthright Citizenship, 1868-1898: States’ Rights, The Law of Nations, and Mutual Consent – by Bernadette Meyler, Cornell Law School – Spring 2001

This paper on Birthright Citizenship in the last half of the 19th century was brought to my attention by a researcher of citizenship law. Some key excerpts written by scholars, politicians, and various courts battling over the liberalization of “birthright citizenship”, and cited in this paper covering the time frame of the last half of the 19th century, are pointed out by him and herewith shared below. You can get a copy and read the full paper on the pros and cons of the debate on the subject of “birthright citizenship” during that time frame here or here .

Some important excerpts pointed out by the researcher (with some additions by the editor) are listed below with some key words and phrases which were highlighted by him, are in this format marked with italics and bold type for emphasis by the editor:

PDF document p. 14: In McKay v. Campbell, the U.S. District Court for the district of Oregon considered whether the plaintiff could be deemed a U.S. citizen, and should be allowed to vote. The defendants argued that McKay was British, since he was the child of a British subject, and had been born at a point when Britain and the United States had agreed-for the moment-to occupy the territory jointly.  Judge Deady, evaluating the case, narrowed the issue to that of birthright citizenship under the Fourteenth Amendment, which he interpreted in terms of the common law; as he asserted, eliding jurisdiction and allegiance, “The case turns upon the single point – was the plaintiff born subject to the jurisdiction of the United Statesunder its allegiance? Citing Calvin’s Case, the Judge recalled Lord Coke’s statement that “To make a subject born, the parents must be under the actual obedience of the king, and the place of birth be within the king’s obedience, as well as within his dominion.  According to Judge Deady’s reading of the Fourteenth Amendment, it is “nothing more than declaratory of the rule of the common law,” and, therefore, the citizen’s allegiance at birth must be evaluated.  In McKay’s case, “The child, although born on soil … subsequently acknowledged to be the territory of the United States, was not at the time of its birth under the power or protection of the United States, and without these the mere place of birth cannot impose allegiance or confer citizenship.

PDF document p. 17: The contrast that Stoney drew between national allegiance and national jurisdiction did not respond to a common law interpretation of allegiance, but instead to an internationalist one, which would insist that the allegiance of the parent governs the child as well.

Image added by the editor. Click on image for more on the importance of the Law of Nations and Natural Law in regards to citizenship of a country and allegiance requirements and claims of same. The Law of Nations is cited in our U.S. Constitution. Vattel’s Law of Nations or Principles of Natural Law greatly influenced many of the founders of our nation such as Franklin, Jefferson, and Washington and the framers of our U.S. Constitution.

PDF document p.28: As Morse quoted Justice Marshall, “The law of nations … is a law founded on the great and immutable principles of equity and natural justice.” The following were included among the numerous works on the subject cited in treatises and articles on citizenship: Bar, International Law; Field, International Code; Foelix, Droit International Prive; Savigny on Private International Law; Phillimore, International Law; Story, Conflict of Laws; and Vattel, Law of Nations.

PDF document p. 29: the subject of citizenship being national, questions relating to it are to be determined by the general principles of the law of nations.

PDF document p. 44: The words ‘not subject to any foreign power’ do not in themselves refer to mere territorial jurisdiction, for the persons referred to are persons born in the United States. All such persons are undoubtedly subject to the territorial jurisdiction of the United States, and yet the act concedes that nevertheless they may be subject to the political jurisdic­tion of a foreign government.

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CDR Charles Kerchner, P.E. (Retired)
https://cdrkerchner.wordpress.com
http://www.scribd.com/user/52640192/protectourliberty/lists
http://www.protectourliberty.org

Other suggested reading and viewing on being a “natural born Citizen” of the United States:

1.  A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

3. Read this essay regarding the constitutional term 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)”. Adjectives mean something.  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/ 

4. A Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

5. The “Three Legged Stool Test” for being a 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/

6. Article II Presidential Eligibility Facts:  http://www.art2superpac.com/issues.html  or  https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts 

7. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8  and  http://www.youtube.com/watch?v=xoaZ8WextxQ

8. Read, download, and print a PDF copy of this White Paper by CDR Charles Kerchner (Ret) about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution here: http://www.kerchner.com/protectourliberty/The-Who-What-When-Where-Why-and-How-of-NBC-Term-in-Constitution.pdf

9. Read the dozen of legal essays and court briefs written by constitutional and citizenship expert Attorney Mario Apuzzo on being a “natural born Citizen of the United States” and the pretenders and usurpers in three major political parties (Democrat, Republican, and Socialist parties) – who invalidly claimed such birth status – at his legal blog:  http://puzo1.blogspot.com

Natural Born Citizens and USSC Docket 20-1503

WHO IS — AND IS NOT — A “NATURAL BORN CITIZEN”? | by Joseph Demaio

(May 16, 2021) — When, in the course of human events, it becomes necessary for your humble servant to respond to comments in greater detail than allowed in the designated section of P&E posts, a longer post is required.  Such is the case with this offering regarding assertions made by those who reject the likely application of Book I, Ch. 19, § 212 of Emmerich de Vattel’s 1758 treatise, “Le Droit des Gens” or “The Law of Nations,” to the proper interpretation of Art. 2, § 1, Cl. 5 of the Constitution, the “natural born Citizen” restriction for the presidency.  Here we go again.

Valued P&E readers, that which follows is somewhat convoluted, but given that the issues are less than simple, a more complex explanation is necessitated.  Translation (more on that topic later…): keep some of your favorite caffeinated beverages handy.  Your humble servant has his can of Dr Pepper nearby.  In addition, it is assumed that readers are already possessed of some historical background relating to the issues, since complete treatment of all the interstices of the matter would make this offering much longer. For that, see all of your servant’s prior P&E posts on the topic. 

Ready?  Let us begin. … continue reading this excellent essay and article at: https://www.thepostemail.com/2021/05/16/natural-born-citizens-and-ussc-docket-20-1503/

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Natural Born Citizen – Some Politicians Aspiring to High National Office Who Are Not Constitutionally Eligible

Click on image for list of papers discussing meaning of “natural born Citizen” of the United States to constitutional standards — CDR Kerchner (Ret)

Natural Born Citizen – Some Politicians Aspiring to High National Office Who Are Not Constitutionally Eligible to be President and Commander-in-Chief of Our Military, or Vice President. They are Not a Natural Born Citizen.

The list:  https://www.scribd.com/lists/22182725/Politicians-Who-Are-Not-A-Natural-Born-Citizen

Kamala Harris (D)Ted Cruz (R)Marco Rubio (R), Nikki Haley (R), and Bobby Jindal (R) are not a “natural born Citizen” of the U.S. to constitutional standards.

Three Legged Stool Test. Click image for more details

As per ‘Principles of Natural Law‘ in place at the time of the founding of our country and when the founding documents including the U.S. Constitution were written, a ‘natural born Citizen’ is one born in the country to parents who are both Citizens (born Citizens or naturalized Citizens) of that country when their child is born in the country. See the ‘Three Legged Stool Test‘ for a graphic presentation of this constitutional requirement as to who can be President and Commander in Chief or our military. Click on the Euler Diagram shown below for a logic diagram presentation of this constitutional requirement.

Above is shown a  simple Euler Logic Diagram which shows the logical relationship of “natural born Citizens” to other kinds of “Citizens” of the United States. Only a “natural born Citizen” can constitutionally be the President and Commander in Chief of our military, or the Vice-President.  Click on the above Euler Diagram image for greater detail.

Also, for more historical information about the ‘natural born Citizen’ term in our U.S. Constitution read this compilation of essays on the subject. Click on image below.

Those identified on the list are NOT a ‘natural born Citizen” of the United States to constitutional standards since one or both of their parents were foreign nationals who were NOT U.S. citizens when their child was born. In addition Senator Ted Cruz was not even born in the USA. He was born in Canada. Each on the list are missing one or more legs of the three legs of the ‘natural born Citizen’ test. Depending on their individual facts and circumstances, they may under current positive law be considered a basic statutory “Citizen” at birth per the Wong Kim Ark legal decision by the U.S. Supreme Court of 1898, or other statutory laws or court decisions, and as such are eligible to be a Governor or a Member of Congress, but they are not a “natural born Citizen” at birth per natural law, and thus are NOT eligible to be President and Commander in Chief of our military or the Vice President, per our U.S. Constitution. Anyone inheriting multiple national allegiances to more than one country at birth due to one or more of their parents being foreign nationals while they were in the USA when their child was born is not a natural born Citizen to constitutional standards and natural law. Such persons do not have sole allegiance and unity of citizenship at birth to the USA and only the USA. The ‘natural born Citizen’ term is a national security clause and was put into the U.S. Constitution by the founders and farmers to prevent someone in the future once the founding generation was gone, who was born with foreign influence on them via birth circumstances, from ever becoming Commander in Chief of our military.

Some politicians in the two major political parties who have been often mentioned for future election to high national political office, who are also not a “natural born Citizen” to constitutional standards are:  Kamala Harris (D)Ted Cruz (R)Marco Rubio (R), Nikki Haley (R), and Bobby Jindal (R). Both major political parties are choosing to ignore the founders and framers intent and understanding of what a “natural born Citizen” is in order to run candidates that they believe are very marketable political candidates. This started in a major way in the 2008 election cycle with Obama vs McCain.

For more information about the ‘natural born Citizen’ term read this White Paper essay – The Who, What, When, Where, Why, and How the Natural Born Citizen Term was Put Into Our U.S. Constitution as to eligibility for the office of the President of the United States | by CDR Charles F. Kerchner, Jr. (Ret).

Click here to get a PDF copy of this article.

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists

P.S. Also read the following essays regarding the presidential eligibility term “natural born Citizen” in Article II of the U.S. Constitution:

  1. 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/
  2. Citizenship Terms Used in the U.S. Constitution – The 5 Terms Defined & Some Legal Reference to Same | by CDR Charles F. Kerchner, Jr. (Ret):  http://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-U-S-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same
  3. U.S. Constitution Article II Presidential Eligibility Facts:  http://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts

The Reception of Vattel’s Law of Nations in the American Colonies: From James Otis and John Adams to the Declaration of Independence | by Gerber and Ossipow

The Reception of Vattel’s Law of Nations [or Principles of Natural Law] in the American Colonies: From James Otis and John Adams to the Declaration of Independence | by Gerber and Ossipow

The Reception of Vattel in American Colonies – Click Image to Read

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Also see my ProtectOurLiberty collection of writings — Vattel’s Influence on U.S. Founders and Constitution’s Framers: http://www.scribd.com/lists/3224507/Vattel-s-Influence-on-U-S-Founders-Constitution-s-Framers

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists

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.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts

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