Friday, August 28, 2009

Lesson #2 - "THE APPARATUS OF THE PRESIDENCY"

What does this legal scholar have to say about this term?

But who are "natural-born citizens"? By the so-called jus soli, which comes from the common law, the term is confined to persons born on the soil of a country; and this rule is recognized by the opening clause of the Fourteenth Amendment, which declares to be citizens of the United States "all persons born or naturalized within the United States and subject to the jurisdiction thereof." On the other hand, by the so-called jus sanguinis, which underlay early Germanic law and today prevails on the continent of Europe, nationality is based on parentage, a principle recognized by the first Congress under the Constitution in the following words: The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States; provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.

The President - Office and Powers 1787-1957 - History and Analysis of Practice and Opinion (4th rev. ed.), Edwin S. Corwin, page 32, 1957.

No comments:

Post a Comment