Anonymous ID: e6a1eb Aug. 30, 2023, 10:55 p.m. No.19464532   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

>>19464526

 

False.

 

"Birthright citizenship, as with much United States law, has its roots in English common law. Calvin's Case, 77 Eng. Rep. 377 (1608), was particularly important as it established that, under English common law, "a person's status was vested at birth, and based upon place of birthโ€”a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection."

 

This same principle was well-established in the antebellum United States. Justice Joseph Story described the rule in Inglis v. Trustees of Sailor's Snug Harbor:

The rule commonly laid down in the books is, that every person who is born within the ligeance of a sovereign is a subject; and, e converso, that every person born without such allegiance is an alien. . . . Two things usually concur to create citizenship; first, birth locally within the dominions of the sovereign; and secondly, birth within the protection and obedience, or in other words, within the ligenance of the sovereign. That is, the party must be born within a place where the sovereign is at the time in full possession and exercise of his power, and the party must also at his birth derive protection from, and consequently owe obedience or allegiance to the sovereign, as such, de facto.

 

Justice Story described as exceptions to the rule the children of ambassadors and the children of occupying enemy soldiers.

 

As these exceptions were narrow, the rule was quite generous in scope. As one antebellum American treatise put it:

Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity."

Anonymous ID: e6a1eb Aug. 30, 2023, 11:04 p.m. No.19464561   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>4570 >>4595

>>19464554

>>19464550

 

It's in the constitution that they must be natural born citizens yes, but it was known that a child born in the United States is a natural born citizen, even if the parents aren't citizens. It was carried over from common law. The parents only had to be citizens if the child was born outside the country.

Anonymous ID: e6a1eb Aug. 30, 2023, 11:24 p.m. No.19464612   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

>>19464591

 

I'm telling you that you are in fact wrong. The constitution doesn't define what it means by natural born, meaning whether citizenship is based on jus sanguinis (parentage) or jus soli (birthplace). Common law had birthright citizenship based on birthplace, even when the parents weren't citizens. This was carried over in the US. It was the Naturalization Act of 1790 that made is so both parents had to be citizens FOR CHILDREN BORN OUTSIDE THE UNITED STATES.

Anonymous ID: e6a1eb Aug. 30, 2023, 11:44 p.m. No.19464668   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>4676

>>19464655

 

Born in the country was always considered natural born. Again, it was carried over from common law. The naturalization act of 1790 made it so you needed both parents to be citizens to be considered natural born if born outside the USA. This is fact.

 

Vivek was born here, he is eligible.