"There is always a philosophy for lack of courage."—Albert Camus

Thursday, April 07, 2016

Part 2: On Ted Cruz's Eligibility for the Presidency



William Alexander Duer, Outlines of the Constitutional Jurisprudence of the United States § 652, at 168 (New York, Collins and Hannay 1833):


All persons born out of the jurisdiction of the United States, are terms Aliens; but there are some exceptions to this rule, derived from the ancient English law; as in the case of children of public Ministers born abroad, whose parent owed not even a local allegiance to the foreign power; and all children born abroad of English parents, were considered as natives of England, if the father went and continued abroad in the character of an English subject.” (emphasis added)), http://tinyurl.com/ja7vhav;  

     and, 

James Bayard, A Brief Exposition of the Constitution of the United States 96 (Philadelphia, Hogan & Thompson 1833) (“It is not necessary that a man should be born in this country, to be ‘a natural born citizen.’ It is only requisite he should be a citizen by birth, and that is the case with all the children of citizens who have ever resided in this country, though born in a foreign country.”), http://tinyurl.com/hvr87md; 

     and, 

John Hancock, The Constitution and Government of the United States § 255, at 62 (Philadelphia, Claxton, Remsen & Haffelfinger 3d ed. 1871) (“It is not necessary that a man should be born in this country, to be ‘natural-born citizen.’ It is only requisite he should be a citizen by birth . . . .”), http://tinyurl.com/jop5ug6. 

Duers, Bayard’s, and Hancocktreatises are not cited in: Professor Mary Brigid McManamon, The Natural Born Citizen Clause as Originally Understood, 64 Catholic University Law Review 317, 318 (2015) (As I researched the [Natural Born Citizen] Clause, it quickly became clear to me that most modern scholars had made virtually no attempt to wrestle with the text of the Constitution and their historical analyses were negligent at best. (footnote omitted)). 

Seth

PS: My co-bloggers do good work. So, please have a look around New Reform Club

Twitter: https://twitter.com/SethBTillman ( @SethBTillman )

My prior post is [here]: Seth Barrett Tillman, Some Thoughts on Plagiarism, Plagiarists, Fools, and Legal Fools (Apr. 6, 2016, 2:11 PM). 






2 comments:

Tom Van Dyke said...

“As I researched the [Natural Born Citizen] Clause, it quickly became clear to me that most modern scholars had made virtually no attempt to wrestle with the text of the Constitution and their historical analyses were negligent at best.”


Heh. Not that it stopped anyone from commenting on it.

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