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Our First And Third Congress Defined Natural Born Citizen
Nationality Act of 1790-1795 ^ | January 8th, 2016 | Uncle Sham

Posted on 01/08/2016 6:52:06 PM PST by Uncle Sham

For a five year period of time, the term “Natural Born Citizen” had a definition which differed from the “two-citizen parents, born under United States jurisdiction” description generally accepted for most of this nation’s existence. The Nationality Act of 1790 referred to those born to citizens beyond Sea or out of the limits of the United States as being “natural born citizens”. Because of the term “citizens” as it pertains to parentage, there is an argument to be made that this requires two citizen parents for this to be allowed. Below is a quote from the 1790 Act. Since this act would have been enforced on a case by case basis, the term “children” could just as easily be “child”.

United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).

”And the children of CITIZENS of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.”

This Act was repealed in 1795 and the term “natural born citizens” was changed to read “citizens”. What this did was tell us that a location of birth WAS PART of being a “natural born citizen”, and in fact, the location was someplace OTHER THAN “out of the limits and jurisdiction of the United States”. This also told us exactly what someone was who was born to citizens of the United States outside the limits and jurisdiction of the United States, a ”citizen” Once again, even in this case, there appears to be a need for two citizen parents.

United States Congress, “An act to establish an uniform rule of Naturalization; and to repeal the act heretofore passed on that subject” (January 29, 1795).

”SEC. 3. And be it further enacted, that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization, and the children of CITIZENS of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen as foresaid, without the consent of the legislature of the state, in which such person was proscribed.”

The combination of these two Acts, passed when they were, in the order that they were passed, by many who helped form this nation, gives us a clear understanding of what they thought constituted a “natural born citizen”. The term did not disappear from the Constitution, nor has it ever been defined since this time so the category of “natural born citizen” still exists. Since it does still exist, it IS’NT someone born out of the limits and jurisdiction of the United States. That leaves only one location that is acceptable and it has to be within the limits and jurisdiction of the United States. It also seems that there is a requirement for two citizen parents.

Kenya, Canada. Neither one of them meet the standard.


TOPICS: FReeper Editorial; News/Current Events
KEYWORDS: cruz; eligibility; naturalborn; naturalborncitizen
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To: Uncle Sham

Makes me a birther. Guilty, and proudly so.


61 posted on 01/08/2016 7:44:46 PM PST by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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To: dschapin

Words have meaning. The requirement that someone be a natural born citizen in order to serve as President still existed in 1795 so the category of natural born citizenship still existed at that time. Yet, a set of birth circumstances that once resulted in a natural born citizen was CHANGED to result into just a citizen. They did not do this for no good reason. They re-defined what the results would be and it was NOT natural born citizenship.


62 posted on 01/08/2016 7:45:20 PM PST by Uncle Sham
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To: AFret.
If Ted Cruz was the “leader” he claims to be, he would be out in front of this discussion, opening his records for all to see, Instead, he has sealed his records

You mean like this one....

And this one...

Or this one...


63 posted on 01/08/2016 7:45:22 PM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: dschapin; Las Vegas Ron
Oh please, its you Trump supporters that are pulling this birther nonsense. Trump supporters insult and attack all the time and then have the thinnest skin in the world. Honestly I thought this was a conservative site not a fascist one.

Maybe this birther nonsense will backfire on the Trumpets, since Trump's mother was born in Scotland.

64 posted on 01/08/2016 7:49:00 PM PST by Fiji Hill
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To: DiogenesLamp

Dictionary Definition-

citizen - a native or naturalized member of a state or nation who owes allegiance to its GOVERNMENT and is entitled to its protection

Not sure how you got God involved in this. Nations are a man-made construct


65 posted on 01/08/2016 7:49:35 PM PST by aresmars
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To: Fiji Hill

Trump’s father was a natural born US citizen living in the US. Trump was born in the US. Where his mother is from is irrelevant.


66 posted on 01/08/2016 7:51:08 PM PST by PJBankard (It is better to be thought an idiot than to open ones mouth and remove all doubt.)
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To: Uncle Sham

> “Once again, even in this case, there appears to be a need for two citizen parents.”

No.

> “citizenship shall not descend to persons whose ***fathers*** have never been resident in the United States”

Before the 19th Amendment, women had no right to vote. Only citizens could vote. Women were considered to carry the status of their husbands and were under the authority of their husbands.

Regardless of a woman’s origins and birthright, she was categorized according to her husband’s status. Whether she was German, Mohican, French, Iroquois, or born of American colonists, her citizenship status mattered not to the birth of her children. It was the FATHER who determined the birthright.

If a woman was not born of a citizen father, she was in effect ‘naturalized’ by marriage to a citizen American as long as the marriage was considered legitimate.

Therefore, the only criterion of consequence was a child born to an American citizen father inside a marriage considered as legitimate.

The TWO CITIZEN PARENTS was never codified, it was assumed as the default circumstance in legitimate marriages. The ‘two citizen parents’ is thus an artificial construct to create an additional category to the only real and true categories of citizenship. The real categories of citizenship are two in number, natural and naturalized.

The reason that this is even an issue is because of the questionable loyalty and allegiance of Barack Obama. If there was no question in this, this issue of natural born would not exist.


67 posted on 01/08/2016 7:51:14 PM PST by Hostage (ARTICLE V)
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To: dschapin; Uncle Sham
.
>> "You are again missing the point that the immigration act of 1795 never redefined the term natural born citizen. They simply switched to using the shorter term citizen. Thus the new act said nothing about who was or was not a natural born citizen let alone shed any light on what the constitution meant when it uses that term." <<

.
He deliberately missed that point.

He is trying to manipulate the clear sense of the Congress

68 posted on 01/08/2016 7:51:22 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: dschapin

I am a Trump person. Cruz is a NBS. Trump only said that Cruz needed to get it clarified because it would be used by the Dems if he didn’t get it straightened out. I don’t think Cruz even fully understood Trump’s point. This whole thing is a nuanced bullshit argument. Let Loon Grayson be flatulent out of his orifices, but Cruz ought to proceed and tell Grayson to stick it where the sun don’t shine


69 posted on 01/08/2016 7:51:22 PM PST by BigEdLB (Take it Easy, Chuck. I'm Not Taking it Back -- Donald Trump)
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To: editor-surveyor

By assigning a result to a set of circumstances in one instance, then changing that result to another one from the same set of circumstances, did they not tell us that the originally assigned result was not what the circumstances dictated?


70 posted on 01/08/2016 7:52:47 PM PST by Uncle Sham
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To: AFret.
My apologies for that list picture. I copied the wrong URL.

Here Is what I meant to post....

And this...


71 posted on 01/08/2016 7:53:42 PM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: Uncle Sham

.
The congress did not make the changes you imagine.


72 posted on 01/08/2016 7:54:15 PM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: BigEdLB

Thanks. I really appreciate your post - I wish we had a lot more Trump supporters like you on free republic.


73 posted on 01/08/2016 7:54:17 PM PST by dschapin
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To: dschapin

That’s all those hardcore Trump lemmings have. They don’t fool anyone, well maybe themselves.


74 posted on 01/08/2016 7:54:38 PM PST by X-spurt (CRUZ missile - armed and ready.)
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To: aresmars
Not sure how you got God involved in this. Nations are a man-made construct.

They didn't think so at the time.

From the document which created this nation.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

75 posted on 01/08/2016 7:54:45 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Hostage
Bravo! Few people get it right. You got it right. Yes, only the father mattered. The rule of law at that time was "Partus Sequitur Patrem".
76 posted on 01/08/2016 7:57:51 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: UCANSEE2

ROTFL at that Cuba BC.


77 posted on 01/08/2016 7:58:04 PM PST by Cboldt
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To: PJBankard; Fiji Hill
Trump’s father was a natural born US citizen living in the US.

Really ? I think you have that wrong.

Rafael Cruz
Ted Cruz's father


Rafael Bienvenido Cruz is a Cuban-born American Christian preacher and public speaker. The father of US politician Ted Cruz, he is described by various media outlets including the Wall Street Journal ... Wikipedia

Born: March 22, 1939 (age 76), Matanzas, Cuba

78 posted on 01/08/2016 7:59:52 PM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: Cboldt

Me too.


79 posted on 01/08/2016 8:01:02 PM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: UCANSEE2

I said Trump’s father, not Cruz’s father.


80 posted on 01/08/2016 8:01:39 PM PST by PJBankard (It is better to be thought an idiot than to open ones mouth and remove all doubt.)
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