[Spaulding]

Exactly philman_36. Quoting the repealed 1790 Nationality Act was popular among Obots last Spring. Mario Apuzzo provided a reasonable rationale: legislators, knowing the redefinition of natural born citizen could not be achieved without an amendment - an act or statute cannot modify a constitutional provision - nevertheless passed the bill as a favor to pre-ratification diplomats who might have been on assignment, and have had children born overseas. Some of these were founding fathers. As philman_36 points out, it was repealed in 1795.

The 1790 act was also used by Tribe and Olson in their effort to argue for the natural born citizenship of McCain, since it was clear that Obama’s handlers really wanted to run against McCain; McCain's ineligibility would and probably did prevent any questions about eligibility being asked from McCain's; campaign.

Ericson has unfortunately shown that politics trump his desire to appear knowledgeable about The Constitution, as well as exposing his willingness to lie. He cannot not have known about the 1795 repeal of the Nationality Act.

[philman_36]

And isn’t it amazing how a simple question like - Was Barack Obama Sr. a US Citizen? - elicits silence!

[El Gato]

nevertheless passed the bill as a favor to pre-ratification diplomats who might have been on assignment, and have had children born overseas. Some of these were founding fathers.
...
The 1790 act was also used by Tribe and Olson in their effort to argue for the natural born citizenship of McCain, since it was clear that Obama’s handlers really wanted to run against McCain; McCain's ineligibility would and probably did prevent any questions about eligibility being asked from McCain's; campaign

Actually the children of both military and diplomats serving temporarily outside the country are, by section 217 (section 212 is where the NBC criterial comes from), Book I of Vattel's Law of Nations, are deemed to meet the "born in the country" criteria.

Section 217 Children born in the armies of the state.

For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.