Not only did John Jay, Secretary of State at the time of the writing of the Constitution, and later First Chief Justice of the Supreme Court, as well as one of the three authors of The Federalists, originate the “natural-born citizen” requirement – by suggesting it in a letter to Convention President George Washington, on July 25, 1787, one day after the original draft was started by John Rutledge and his Committee of Detail – but he was joined by fellow Federalist authors, Alexander Hamilton and James Madison, who, as members of the Committee of Style and Arrangement, wrote it into the final draft some six weeks later. In other words, while it didn’t make it into the first draft, it was shepherded into the final document by the three central figures who championed the Constitution to the colonists for their subsequent ratification.
So think of it, here we had ALL THREE of the writers (under the alias of Publius) of The Federalists – THE universally-recognized means of persuading the citizens of the various states to RATIFY the Constitution. One of them, Jay, recommended the requirment to our first Commander in Chief, and later first President, George Washington, and the other two wrote it into the Final Draft, where it was voted on, passed, and ratified…and remains to this day.
So two weeks ago, the good judge, Michael Malihi, in a Georgia State Court, cites some obscure ruling from an inferior court in Indiana, while failing to provide any explanation for dismissing the various points of law cited by the plaintiffs (other than that he did not find their witnesses credible – a laughable assertion given each of their substantial credentials), and making no mention of the original intent of the founders in establishing this high bar for anyone seeking to become “the Command in Chief of the American Army.” And what was their (Jay’s) stated reason?
“…to provide a strong check to the admission of Foreigners into the administration of our national Government.”
Yet with the stroke of a pen, Judge Malihi wipes out any elevated requirement for becoming the possessor of the nuclear launch codes, and the Leader of the Free World, by declaring anyone born in the country, regardless of the citizenship of his parents, a “natural-born citizen.”
In doing so, he wilfully ignores (or, if ignorantly, it is flagrantly inexcusable) the firmly established definition of a “natural-born citizen,” by Emerich de Vattel, author of Law of Nations, about which Convention sage, Benjamon Franklin, said the following:
“It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult [it]. Accordingly, that copy which I kept has been continually in the hands of the members of our congress [the Constitutional Convention].”