“In 1790 it was made clear that U.S. statuatory law was part of what dertermined citizenship.”
The Naturalization Act of 1790 was a statutory law enacted for the purpose of taking persons who were born with alien allegiance and conferring upon those persons the statutory legal fiction and legal right to enjoy certain conditions similar to and not the same as those enjoyed by persons born within the jurisdiction and allegiance of the United States with two citizen parents, the actual natural born citizens. The Naturalization Act of 1790 explicitly says such persons born abroad are not natural born citizens.
“Your original argument was that enacted laws were not needed to define Natural Born Citizen.”
Statutory law is a legal fiction that makes statutory citizens at birth or after birth. Natural law recognizes the occurrence of citizenship by birth as natural born citizenship. Because natural born citizenship is a citizenship or membership in the body politic by virtue of the inherent obligations of an exclusive and sole allegiance by birth within the jurisdiction of the sovereign with parents having the same obligation of allegiance, it is an inherent condition by birth that exists without the sanction of human law. Consequently, natural born citizenship is a form of universal natural law practiced as common law since ancient times. Naturalization law is statutory law that makes a person eligible to adopt a condition of citizenship which was not inherent by birth.
“Since there were many U.S. residents who were not formally naturalized by 1790, allowances were made as the following notes,”
“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”. As it turns out, Rafael Senior had been resident in the U.S. for a long time and in Texas for more than a year before Ted was born. So Ted might well have been a Natural Born Citizen under the Act of 1790.”
That is the naturalization Act of 1790 that does in fact naturalize persons who were alien born, including the alien born children of U.S. citizens.