Tag Archives: James Madison

Response to Eligibility Primer (Part 2)

by Dr. Conspiracy on 21. Jun, 2009 in Citizenship

This is a continuation of the discussion of the June 5, 2009, article titled Obama Presidential Eligibility – An Introductory Primer by Stephen Tonchen. We resume at the end of his section 4:

In 1898, in the Wong Kim Ark case, the Supreme Court reexamined the “citizenship-by-birthplace-alone” theory, but did not decide whether it applied to natural born citizenship. The Court ruled that Mr. Ark was a citizen, but did not rule that he was a natural born citizen (SCOTUS in ‘Wong Kim Ark’).

This is a major gloss over one of the most sweeping surveys of citizenship ever appearing in US jurisprudence. The question before the court was whether Wong Kim Ark, born in California of Chinese subjects at a time when racist legislation (the Chinese Exclusion Act) prohibited the Chinese from becoming naturalized citizens, was a citizen. The Court said that he was. But in the majority opinion, the Court said a great many things of importance, specifically:

  1. Citing Smith v. Alabama, the court said that the Constitution is framed in the language of English Common Law
  2. The Court cited English Common law, saying that those born in England are natural born subjects of England, without regard for the citizenship of their parents
  3. The Court asserted the equivalence of “citizen” and “subject”.

While US v. Wong did not decide the natural born citizen question, the majority opinion leads inevitably to the conclusion that those born within the United States (except the children of ambassadors) are our natural born citizens, without regard to the citizenship of their parents. (more…)

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Madison v. Madison (Updated)

by Dr. Conspiracy on 25. May, 2009 in Citizenship, Featured Articles

“Constitutional researcher” P. A. Madison plays fast and loose with his sources.

The two “Madisons” are contemporary self-identified “constitutional researcher” P. A. Madison, author of an article on the Federalist Blog that is the topic for discussion here, and James Madison, framer of the Constitution, Congressman and 4th President of the United States.

This web site recently featured President James Madison in the article James Madison on Birth and Allegiance.

In a speech before the House of Representatives in May of 1789, James Madison said:

It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general place is the most certain criterion; it is what applies in the United States.

Abridgment of the Debates of Congress, from 1789 to 1856 From Gales and Seatons’ Annals of Congress; from Their Register of Debates; and from the Official Reported Debates, by John C. Rives By United States. Congress, Thomas Hart Benton

P. A. Madison, on the other hand asserts the opposite, that place of birth alone does not and cannot grant citizenship in his article, Defining Natural-Born Citizen. We know P. A. Madison from an earlier article challenging the citizenship of children born in the United States to illegal aliens, something true today under the Supreme Court decision in United States v. Wong Kim Ark. P. A. Madison disagrees with that decision and presents an alternate view of history (from the legal and judicial survey in the Wong decision) in which parentage matters. (more…)

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James Madison on Birth and Allegiance

by Dr. Conspiracy on 15. May, 2009 in Citizenship

James Madison

James Madison

James Madison of Virginia, framer of the Constitution, member of Congress and 4th President of the United States is often called “The Father of the Constitution”. The Federalist Papers, co-authored by Madison, was influential in turning the tide of popular opinion in favor of the ratification of the Constitution.

In a speech before the House of Representatives in May of 1789, Madison said:

It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general place is the most certain criterion; it is what applies in the United States.

Abridgment of the Debates of Congress, from 1789 to 1856 From Gales and Seatons’ Annals of Congress; from Their Register of Debates; and from the Official Reported Debates, by John C. Rives By United States. Congress, Thomas Hart Benton

Thanks to contributor Ballantine for the citation.

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