[El Gato]

a valid point that most, if not all, of the 1790 Act was superseded by the Immigration Act of 1795.

The words/term "Natural Born Citizen" have not been included in any immigration law since that 1790 act, and they have not been in the law since that 1795 act was passed. Congress has no power to redefine the term anyway. But the fact that felt that they needed to do so in 1790 means that, in general "children of United States Citizens" "born beyond the sea" were not included in the Constitutional definition. However some of them probably were, since Vattel says that those born on US ships, or "in the armies of the state" or "in the house of a diplomate" are considered born in the country, and so they are, if they have have citizen parents, "Natural Born citizens".

[BP2]

The words/term “Natural Born Citizen” have not been included in any immigration law since that 1790 act, and they have not been in the law since that 1795 act was passed. Congress has no power to redefine the term anyway.

Right on! Speak the Truth, brotha!

The SCOTUS can define it.

The Congress could define it, but only via the full Constitutional Amendment route.

However, it certainly hasn't stopped them from trying.

Here's one of many examples:

108th CONGRESS

2d Session

S. 2128

To define the term `natural born Citizen' as used in the Constitution of the United States to establish eligibility for the Office of President.

IN THE SENATE OF THE UNITED STATES

February 25, 2004

Mr. NICKLES (for himself, Ms. LANDRIEU, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

---

A BILL

To define the term `natural born Citizen' as used in the Constitution of the United States to establish eligibility for the Office of President.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Natural Born Citizen Act'.

SEC. 2. DEFINITION OF `NATURAL BORN CITIZEN' .

(a) IN GENERAL- Congress finds and declares that the term `natural born Citizen' in Article II, Section 1, Clause 5 of the Constitution of the United States means--

(1) any person born in the United States and subject to the jurisdiction thereof; and

(2) any person born outside the United States--

(A) who derives citizenship at birth from a United States citizen parent or parents pursuant to an Act of Congress; or

(B) who is adopted by 18 years of age by a United States citizen parent or parents who are otherwise eligible to transmit citizenship to a biological child pursuant to an Act of Congress.

(b) UNITED STATES- In this section, the term `United States', when used in a geographic sense, means the several States of the United States and the District of Columbia.

[Non-Sequitur]

Congress has no power to redefine the term anyway.

Why not?