Interesting point, the law that repealed the 1790 law utterly drops natural born for chillins born to American citizens born abroad.
They are described only as ‘citizens’ no longer as ‘natural born citizens’...
http://rs6.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=538
You are parsing words - the 1795 law clearly confers citizenship at birth. There is no naturalization process required.
Do you seriously think that the founders (or any subsequent legislators) for one second intended that the children of citizens serving their country abroad (military, foreign service, etc.) or even of those traveling abroad for pleasure would lose their rights as natural born citizens?
As for the 1795 law (and all subsequent laws) - most legal scholars would agree, and I would venture a substantial wager that SCOTUS would agree as well - if and when the rights of citizenship are conferred at birth - it meets the definition of natural born. The Constitution discusses 2 ‘classifications’ of citizenship - natural born and naturalized - in any case where naturalization is not required - that citizen is clearly natural born.
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And from the depths of my twisted mind:
I would love to see Obama address this and tell us again how much he honors and respects the military. Then he can make a specific address to the parents who are active duty and the children of our current military members and say that if these cutelittle kids were born at Ramstein, or Yokosuka, or Holy Loch - or any other military facility outside the States - that you wonderful smart children live in the land of opportunity and that you can be anything you want to be if you work hard enough - except of course President. Imagine that - you can’t be president BECAUSE your daddy or mommy served this wonderful country.
- I’m waiting - I will schedule my time around the speech of Mr. Constitutional Law professor who thinks he knows more than Clarence Thomas and believed the DC gun ban to be constitutional - when he decides to address this and explain to us peons how and why Senator McCain should be disqualified - I will be watching.