It is an appealing sentiment, but not law. The McCaskill bill couldn't have modified the Constitution, but might have become and amendment if support seemed particularly strong. Her bill differed from the 1790 Act in not including the children of diplomats. Natural born citizenship was to protect the republic.
One could imagine a scenario of a child born overseas, spending many of his formative years in another society. Allegiance might not be so clear after after five or ten years stationed in Turkey or Indonesia. There is no right to the presidency. The framers intended to discriminate. A fragile nation based upon allegiance and ideas was being built.
The movement to make ANY citizen eligible for POTUS is well afoot. It is being made part of the "Civil Rights Crusade," and one of its goals is to secure the right of POTUS eligibility for the children of illegal immigrants, i.e., "Anchor Babies."
The founders did not see POTUS Eligibility as a "Right." They saw the rules for eligibility as a matter of National Security.
Furthermore the granting of citizenship to the children of illegal aliens is a generous American custom, not at all a matter of law.
Next case, just to keep this bi-partisan:
Precisely why the legal battle must continue, even if we don't get Lolo's kid out of the federal housing before 2012.
Not quite. The 1790 law and the 2008 bill affected children born outside the country to all US citizen parents. The provision from Vattel only applied to those born of fathers serving in the "armies" of the country, or in the diplomatic corps. Not merchants or others outside the county on their own private business.