[Cboldt]

-- The Act did not provide that children born outside the United States to American citizens were natural born (subject to the exception given). The Act provided, rather, that such children were to be considered as natural born citizens. McCarthy apparently paraphrases in order to avoid the actual text ... --

The Senate Resolution in favor of McCain used the same sleight of hand, claiming that the act of 1790 defined NBC as including persons born abroad of citizens.

Courts pull the same sort of sleight of hand, redefining terms to obtain the desired outcome.

[Joachim]

Yes.

However, a better argument for McCain (made by some at the time I believe) would be that children born abroad, to citizens in military or consular service, fall under the original understanding of "natural born" at the time of the Founders.