Judge Napolitano: Final Word on the Last Episode of Freedom Watch…

Posted: February 14, 2012 in Money, People, Politics, World
Tags: , , , ,

As many of you know by now…Judge Napolitano was fired from Fox news for speaking out, and telling the truth…A sad day for America…

 

Comments
  1. Roger says:

    Another blow against us. Hate to see him go. So sad.

  2. bob Gay says:

    It’s a long read but very worthwhile since i go into the meaning that our founding fathers tried to convey. Here my cut and paste
    let’s start, then, with the text of the Constitution. In relevant part, Article II, Section 1 reads:

    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.

    That’s it. No finer point is put on that term in the Constitution, The Federalist Papers, or any record of the debates of the Constitutional Convention of 1787.

    In the face of such a dearth of definition we could abandon the quest to understand the Founders’ intentions, or we could pause and recognize that where a word’s definition is so universally understood no additional clarification would be necessary.

    That is to say, everyone in the room at the State House in Philadelphia that summer of 1787 knew what was meant by “natural born citizen,” and they felt no obligation to provide any additional insight.

    For example, I don’t have to explain to you what I meant by “summer” in the previous paragraph because everyone knows that that is the season of the year starting in June in and ending in September. So it was in 1787 with “natural born citizen.”

    The next important step in our analysis is to identify the source of our Founders’ concept of “natural born citizen.” Despite the fact that RedState ridicules his importance, it is almost certain that the men who drafted our Constitution accepted Emerich de Vattel as the authority on the definition of that vital concept.

    It can be claimed without exaggeration that it is Vattel’s interpretations and writings on the subject of the proper constitution of government that was most influential on the Founders of the American Republic. As a matter of fact, Thomas Jefferson, indisputably one of the lead framers of our nation’s government, ranked Vattel’s seminal The Law of Nations or the Principles of Natural Law as highly as similar treatises by Grotius and Pufendorf.

    Benjamin Franklin shared Jefferson’s admiration for Vattel. In 1775, Franklin wrote in a letter:

    I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author.

    Next, consider the irrefutable fact that Vattel’s interpretations of the law of nature were cited more frequently than any other writer’s on international law in cases heard in the courts of the early United States, and the Law of Nations was the primary textbook on the subject in use in American universities.

    For all the foregoing reasons we are right to turn to the Swss-born Vattel’s Law of Nations for our understanding of the definition of “natural born citizen” just as our Founding Fathers did.

    To that end, here are a few relevant selections from Vattel’s Law of Nations regarding the concept of “natural born citizen”:

    § 212: “Natural born citizens are those born in a country to parents who are also citizens of that country. Particularly, if the father of the person is not a citizen then the child is not a citizen either. Children cannot inherit from parents rights not enjoyed by them.”

    § 213: “While those individuals described above may be permitted to remain in the country of their birth, they are not naturally endowed with the rights of citizens.”

    § 214: “A country may allow a person born in a country to foreign parents the status of citizenship, this is called naturalization. That is a function of law, not of birthright.”

    §§ 215, 216 & 217: “Children born overseas to parents who are foreigners in that country do not become natural born citizens of that country, rather they are citizens of the country to which their parents owe allegiance.”

    One very astute writer ably summarized the import of Vattel’s statements:

    The republican concept of “natural born citizenship” is radically different from the feudal notion of “natural born subjectship.” Under feudalism, merely being born in the domains of the King made one — by birth — a “natural born subject.” But in Vattel’s Model and Our Constitutional Republic, Citizens are “natural born” only if they are born of Citizens.

    Finally, in 1787, John Jay, who later became one of the authors of The Federalists Papers, wrote the following in a letter to George Washington:

    Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of foreigners into the administration of our national government and to declare expressly that the Command in Chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen.

    Accordingly, Jay’s recommendation were accepted by the Convention and became part of the constitutional requirements for executive eligibility.

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