Sorry, you’re wrong. The act of 1795 does not disqualify a person born to US citizens outside the US from the presidency. Such a person does NOT have dual citizenship automatically. They might choose dual citizenship (if the host country allows it under the circumstances) and THAT would disqualify them.
This act just states the broad terms of citizenship. To be other than vague, it would state the restriction. Since it is left general, we have to defer to the previous definition. I know you all have your canned arguments, and your opinions of how it applies and what it means. But the plain wording of the act, used as evidence in this thread, does not do what you claim. It does not disqualify. “Naturalized” disqualifies, “Natural Born” specifically qualifies, the unmodified “citizen” does neither. Since it is nuetral, then we revert to the definition in effect. You CANNOT assume a modifier not used. I could just as easily assume “natural born” as you assume “naturalized”. Neither is correct. Since this act is not directly addressing presidential eligibility, and since is uses neither modifier, it is not instructive of such person’s eligibility for the office. The greatest folly of your argument is the assumption that the child of a citizen in the military or a member of the diplomatic corp would, by being born outside the US, have a greater propensity to divided loyalties - it is an absurd assumption.
I am generally ambivilant on the specific question - my concern is that the law be followed. I have not seen, as yet, solid arguments making the case you are trying to make.
I’m not saying your opinion is wrong, but I am saying that the act of 1795 does not prove you right.
That’s law, that’s logic, and that’s language.
>>GilesB
The act of 1795 does not disqualify a person born to US citizens outside the US from the presidency.
OUCH!
I think you two may have stumbled upon such a fine point of law that you could cut yourself on it! :-)
The Naturalization Act of 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 on persons whose fathers have never been resident of the United States.
So if you are born outside the US of 2 citizen parents, you are a citizen as long as your father had, at some point in his life, resided in the United States.