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To: Greetings_Puny_Humans

“Yes they will, if they understand the simple fact that being born a citizen via law (when, for most of the 19th century, children born overseas were not considered citizens) passed by congress is, by definition, “naturalization,” and thus not the same thing as the founder’s concept of natural born citizen.”

1790
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.

Law 1795

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.

Law 1802

the children of persons who now are or have been citizens of the United States shall though born out of the limits and jurisdiction of the United States be considered as citizens of the United States provided That the right of citizenship shall not descend to persons whose fathers have never resided within 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 aforesaid without the consent of the legislature of the state in which such person was proscribed

Note that all state that your premise is incorrect.

That the 1802 law repeals previous laws is slightly on point but but only repeals laws on the issue of naturalization not on Citizens at birth.

To this day the ONLY ref to Natural Born Citizen is the 1790 Law as no other definition of if has EVER been made it stands as the SPECIFIC definition of the term.


249 posted on 01/12/2016 2:32:38 PM PST by Bidimus1
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To: Bidimus1
"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"

The concern at that time was British impressment, which was justified by the British on the grounds that all children born to British fathers are “natural born citizens” of England, and so it is perfectly fine to force American sailors to serve the crown. Consequently, to not appear hypocrites, the United States removed such language from the text, as you see from the 1790 act to this one.

Furthermore, it's not clear that the law was intended to actually make them "natural born," as it only says that they would be treated as if they were natural born. Congress has no power to create natural born citizens, only to make laws pertaining to "naturalization." In other words, the verbiage in the 1790 act, which was repealed, represents a legal fiction. Lastly, citizenship would only pass from father to the child, and not through the mother, so the entire hubbub is irrelevant anyway.

258 posted on 01/12/2016 2:37:42 PM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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