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Comparing the 1790 and 1795 Naturalization Acts
Indiana University ^ | 1790, 1795 | US Congress

Posted on 01/09/2016 10:58:04 AM PST by sunrise_sunset

1790 Naturalization Act:

"..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..."

1795 Naturalization Act:

"...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..."


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: 1790; 1795; cruz; naturalborncitizen; naturalizationact
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The 1795 Naturalization Act dropped "natural born" status for children born abroad. Washington signed both pieces of legislation so there must have been a reason for the change.
1 posted on 01/09/2016 10:58:04 AM PST by sunrise_sunset
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To: sunrise_sunset

They “considered” it in 1790, but made the right correction in 1795.


2 posted on 01/09/2016 11:06:37 AM PST by Red Steel (Ted Cruz: 'I'm a Big Fan of Donald Trump')
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To: Red Steel

So now find any law where NBC is defined. Also it is a perilous task to Devine in law from what is not stated. That fr is following Geraldo Rivera logic is also sad


3 posted on 01/09/2016 11:16:43 AM PST by Bidimus1
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To: sunrise_sunset

Doesn’t change the requirements for President as stated in the Constitution at the time of ratification.


4 posted on 01/09/2016 11:18:17 AM PST by Sacajaweau
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To: Red Steel

I would go with the definition as it was understood at the time the Constitution was ratified. Subsequently changing the meaning of a term should not change the intent of the original document.


5 posted on 01/09/2016 11:18:32 AM PST by Dalberg-Acton
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To: sunrise_sunset

When conservative judges are looking for original intent of the Founders they will look to the first legislation, the Naturalization Act of 1790 not to the 1795 Act. The Naturalization Act of 1795 was repealed and replaced by the Naturalization Act of 1798.


6 posted on 01/09/2016 11:19:20 AM PST by Nero Germanicus
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To: Nero Germanicus

Can a citizenship status which is by it’s very nature not naturalized, be naturalized by an Act?


7 posted on 01/09/2016 11:24:34 AM PST by RegulatorCountry
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To: sunrise_sunset; Red Steel

You guys amuse me.

So what?

You don’t SAY this, but one might conclude you think the word going from “natural born” to simply “citizen” somehow means when an American citizen woman drops a baby overseas he or she is by law forbidden to run for POTUS.

If you mean that, have the guts to assert it. If you don’t mean that, please assert it. But then you would confront the problem of WHY are you bothering with this inanity.

“Oh the games people play now, every night and every day now, never meaning what they say now, never saying what they mean.”

This isn’t a game, but if it were, Senator Ted Cruz is holding all of the high cards in this matter and NOTHING will ever come of the invented controversy despite any and all efforts to the contrary.

Scholars are on Ted’s side.

And no, he won’t be derailed by some deranged individual’s lawsuit nor some democrat hack on the Bench somewhere trying to make legal soup out of a nothing burger.

He will, if necessary, make legal and Constitutional HASH out of them, instead.

Meanwhile, Jim Robinson and Mark Levin are still looking good from when they long ago declared that Ted Cruz is qualified to be POTUS.


8 posted on 01/09/2016 11:26:38 AM PST by txrangerette (("...hold to the TRUTH; speak without fear". - Glenn Beck))
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To: sunrise_sunset

Do the 1790 and 1796 naturalization acts supersede current US codified law...?

That current law says Cruz is eligible...

The rest is moot and navel gazing...at best...


9 posted on 01/09/2016 11:27:21 AM PST by Popman (Christ alone: My Cornerstone...)
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To: sunrise_sunset
1790 Naturalization Act: "..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..."

1795 Naturalization Act:

"...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..."

Oh and they took out "that may be born beyond the sea" Who there must be some deep heavy reason for this too! What do you think of the reason for this? Redundancy?

10 posted on 01/09/2016 11:33:34 AM PST by Starstruck (I'm usually sarcastic. Deal with it.)
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To: txrangerette

If the understanding that citizens born abroad to us citizens have always been natural-born, then why was there an issue with John McCain being born in the Panama Canal Zone.


11 posted on 01/09/2016 11:43:43 AM 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: sunrise_sunset

Statutes cannot amend the Constitution.


12 posted on 01/09/2016 11:52:42 AM PST by nonsporting
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To: Starstruck

Canada and Mexico?


13 posted on 01/09/2016 11:58:48 AM PST by RegulatorCountry
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To: Dalberg-Acton
Look at the difference between the two. The 1795 law (which would take precedence, replacing the earlier one) makes it clear that the child of US citizen parents born outside the US is a citizen but not a natural born citizen.
14 posted on 01/09/2016 11:59:56 AM PST by grania
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To: Dalberg-Acton

Exactly! CONGRESS CANNOT CHANGE THE MEANING OF A SINGLE WORD IN THE CONSTITUTION. So no act of Congress means anything with regard to NBC.


15 posted on 01/09/2016 12:04:58 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: grania

Since it omitted the phrase, it didn’t redefine it.


16 posted on 01/09/2016 12:05:58 PM PST by Dalberg-Acton
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To: RegulatorCountry

According to the Constitution, it can.
Article I, Section 8, Clause 4:
[The Congress shall have Power] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;


17 posted on 01/09/2016 12:06:19 PM PST by Nero Germanicus
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To: Nero Germanicus

For all the debate over just who is and is not a natural born citizen, no one has ever claimed that naturalized citizens are. The Legislature has Constitutional authority over naturalization.


18 posted on 01/09/2016 12:09:30 PM PST by RegulatorCountry
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To: grania

I have never for one second believed that a person could be born in a foreign country and still run for president. Born a citizen is not the same as natural born citizen. IF IT WAS THERE IS NO REASON FOR A CONSTITUTIONAL CLAUSE IN THE FIRST PLACE.
Alas, it’s there.. isn’t it?


19 posted on 01/09/2016 12:09:58 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: Nero Germanicus

One clause of the Constitution cannot overrule another.


20 posted on 01/09/2016 12:11:26 PM PST by freedomjusticeruleoflaw (Western Civilization- whisper the words, and it will disappear. So let us talk now about rebirth.)
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