The Act's NBC clause would only be unconstitutional if it was meant to be used as a redefinition.
If it was meant to be a simple codification of the common law definition of NBC then it wasn't.
So do you think the Founders put an unconstitutional clause in the 1790 Act?
I think James Madison clearly did since he went to the trouble of removing the words natural born citizens and replacing them with the word citizens.
Madison's thoughts on the subject are recorded.He believed that the place of one's birth was the most reasonable guarantee of one's allegiance.
Exactly.
And in the 1795 statute the parents are referred to as "citizens," as are the children born abroad.
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:If the parental citizenship was categorically different from that of the foreign-born children, the act would not have referred to both with the same term.