Constitution ratified 1788, and hence is qualified to be president. Vattel s work began, in fact, by translating wolff s text from latin, and adding his own thoughts. This book is most commonly referenced when discussing the citizenship requirements for president of the united states, so i decided to do some research on the topic for myself. The natives, or naturalborn citizens, are those born in the country, of parents who are citizensthe country of the fathers is therefore that of the children. The foundations of the modern system of international law or the law of nations, together with the foundations of much of its theoretical framework, were laid in europe during the sixteenth and seventeenth centuries. The law of nations and the law of the united states. Authorityexternaliser, immediate personal context, the discourse in le droit des gens, incorporation of power, vattels predecessors on moral personality of state, vattel on moral personality of state, independence of power, nonintervention, vattels law of nations, recapitulation, extended historical context. Why the natural born citizen clause of our constitution is.
Aug 19, 2015 in this primary season, we have witnessed honorable conservative candidates dialing back their original comments or apologizing due to pressure from the mainstream media and the candidate s handlers. The founders derived the class of citizen they called naturalborn citizen from book i chapter xix. Vattels definition of a nation imputes nationality to a band. Vattels law of nations preliminaries and books 1 thru 4. The law of nations, or, principles of the law of nature, applied to the conduct and affairs of nations and sovereigns. Whereas the importance of custom in the doctrinal debates concerning contemporary international law has been widely acknowledged, an assessment of its fundamental role within vattels account of the law of nations is still missing. Vattel developed a theory of the cultural, political, and economic conditions necessary for a. What our framers knew american clarion july 18, 2012 publius huldah posted on 07182012 2. In this primary season, we have witnessed honorable conservative candidates dialing back their original comments or apologizing due to pressure from the mainstream media and the candidates handlers. Page 53 nations composed of men, and considered as so many free persons living together in the state of nature, are naturally equal, and inherit from nature the same obligations and rights. The natives, or naturalborn citizens, are those born in the country, of parents who are. Chapter xix of our native country, and various matters relating to it. Law of nations, 1758 law book defines natural born citizen.
Obama does not comply with the article 2, section 1 eligibility requirements of the u. Discussion and summary of law of nations, with a link to a discussion of vattel s natural law from tripod, bad popups but a good summary. Naturalborn citizens are those born in the country of parents who are citizens it is necessary that they be born of a father who is a citizen. Chet arthur in american thinker quips that the original meaning of natural born citizen is determined by reference to the heritage guide to the constitution and to the definition of citizen at sec. Reformulated in terms of renouncing protection, the proclamation was thenceforth read in light of the title of vattels book 1, chapter xvii, mentioned above. The natives, or naturalborn citizens, are those born in the country, of parents who are citizens exactly. Vattel s work was also heavily influenced by leibniz and hugo grotius. In the third book of the law of nations, which deals entirely with the law of war, vattel dedicates a whole chapter iv to the problem of declaring war.
A nation or a state is, as has been said at the beginning of this work, a body politic, or a society of men united together for the purpose of promoting their mutual safety and advantage by their combined strength from the very design that induces a number of men to. We have been visited recently with several very silly articles which assert that marco rubio is a natural born citizen within the meaning of art. Every american can easily find it, read it, understand it and know it. Between nations, therefore, it becomes necessary to admit prescription founded on length of time as a valid and incontestable title. To interfere on any other ground is to be unjust to its own people. Book one chapter nineteen paragraphs 211 233 of our native country, and several things that relate to it. A nation or a state is, as has been said at the beginning of this work, a body politic, or a society of men united together for the purpose of promoting their mutual safety and advantage by their combined strength.
Why the natural born citizen clause of our constitution. The founders derived the class of citizen they called naturalborn citizen from book i chapter xix 212 citizens and natives. Franklin also said that this book by vattel, has been continually in the hands of the. Book 1, chapter 19 of our native country, and several things that relate to it. Note 2 on puffendorfb law or nature and nations, book ii, chap. However, more recent contributions have also emphasized the inherently normative. This raises concerns in me about how these candidates will holdup under world class attacks once they are in the wh. The photographs of the book by vattel may be used freely on noncommercial sites no advertisements and for educational purposes. One of the more vexing nobama arguments is their redefinition of natural born citizen.
Despite its age, its wisdom holds true even today, touching on how nations ought to act when dealing with one another in order to promote peace and prosperity. For the past eight years, there has been an ongoing debate over what those three simple english words mean, even though all three words appear in every english dictionary and vattels law of nationsspends an entire chapter xix explaining the natural law concept of natural born citizen. The duty of assisting other nations in famine is a duty of humanity. Appears in 49 books from 18522002 page 53 nations composed of men, and considered as so many free persons living together in the state of nature, are naturally equal, and inherit from nature the same. Nihil est enim illi principi deo qui omnem hunc mundum regit, quod quidem in terris fiat, acceptium, quam concilia coestusque hominum jure sociati, qu. The answer is found in the founders statements identifying the source of the term, vattels international treatise on natural law, the law of nations, book 1 chapter xix. He is most famous for his 1758 work the law of nations. The natives, or naturalborn citizens, are those born in the country, of parents who are citizens.
For vattels law of nations, see john jay to gw, 28 aug. Vattels law of nations was translated into english in 1760, based on the french original of 1758. The natives, or natural born citizens are those born in the country, of parents who are citizens the country of the fathers is therefore that of the children. It also signifies that other areas of vattels law of nations are likewise considered as law. Vattel s masterpiece was largely influenced by a book titled jus gentium methodo scientifica pertractum the law of nations according to the scientific method by wolff. Or, principles of the law of nature applied to the conduct and affairs of. But what made vattels work so famous was his adoption of a more modern and easiertounderstand format, which was written like a scientific. The natives, or naturalborn citizens, are those born in. Next generation domain registration is coming soon is coming soon. The liberty fund edition is based on the anonymous english translation of 1797, which includes vattels notes for the second french edition posthumous, 1773. Vattels doctrine of the customary law of nations between. Xix of our native country, and various matters relating to it. Vattel was a swiss philosopher, diplomat and legal expert whose theories were used to lay the foundation of american government.
Philadelphia police officer, obama background check, august 7. The constitution, vattel, and natural born citizen. It is a common error that, by the law of nature, a mans native. Vattels concerns might appear ironic to the contemporary reader, considering the immediate success of his book as the standard source for the positive law of nations. Power or weakness does not in this respect produce any difference. To do more than state the proposition is absolutely unnecessary in view of the practical illustration afforded by the almost universal legislation to that effect now in force. Reception of vattels law of nations in the american. He was largely influenced by dutch jurist hugo grotius. Three volume set natural law and enlightenment classics bks.
President obama under the lens of the citizenship question. Law of war and peace through barbeyracs work, cited in n. Jul 19, 2012 the gist of what vattel says in law of nations, book i, ch. George washington, along with many other founding fathers, were known to have studied vattels most famous work, the law of nations. The law of nations, or, principles of the law of nature. The gist of what vattel says in law of nations, book i, ch. There is no point in looking for the meaning of the american term naturalborn citizen in the british term naturalborn subject, created by sir edward coke.
In natural law theory, this amounts to deriving natural laws from the nature of humans. Authorityexternaliser, immediate personal context, the discourse in le droit des gens, incorporation of power, vattels predecessors on moral personality of state, vattel on moral personality of state, independence of power, nonintervention, vattels law. Bobby jindal, marco rubio also targets of birther claims. Philadelphia police officer, obama background check. Chapter 19 makes very clear the meaning of natural born citizen, a term. For the past eight years, there has been an ongoing debate over what those three simple english words mean, even though all three words appear in every english dictionary and vattels law of nations spends an entire chapter xix explaining the natural law concept of natural born citizen.
Section 212, chapter 19, book 1, the law of nations, vattel, 1758, 1797 english translation, defines the meaning of natural born citizen. In case of invasion and the like it is an affair of policy and calculation. This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of frederick. Johnson, law booksellers, philadelphia 1853, together with additional notes and references by edward d. Vattels the law of nations was principally influenced by wolffs jus gentium. Jul 18, 2012 our framers had no need to define natural born citizen in the constitution, because by the time of the federal convention of 1787, a formal definition of the term consistent with the new republican principles 1 already existed in emer vattels classic, law of nations.
This has now become generally the understanding and law of nations as regards colonies. The law of nations was a monumental contribution to international law and to political economy. The natives, or natural born citizens are those born in the country, of parents who are citizensthe country of the fathers is therefore that of the children. Id argue that if any or all of them were alive today, they would be counted among the most intelligent of the world. Reception of vattels law of nations in the american colonies. Sep 08, 2015 therefore, article ii is constitutional law, obligatory and must be enforced. By contrast, books on the theories of the law of nations in early modern europe. The law of nations and the law of the united states obama. Or, principles of the law of nature, applied to the conduct and affairs of nations and sovereigns. Bret baier fox news asserts that congress may define and presumably redefine, from time to time terms in the constitution by means of law. Therefore, article ii is constitutional law, obligatory and must be enforced. We shall conclude this chapter, with observing that a nation ought to know itself.