[higgmeister]

In 1969 Pinckney McElwee uncovered evidence in the House Committee notes from 1795 which indicate that the reason the reference to natural born citizen (NBC), included in the 1790 Naturalization Act, but entirely removed from the 1795 Naturalization Act, was that people would wrongly infer that that Act was actually intending that those born overseas outside the country were to become natural born citizens. Clearly Madison was not wanting to make natural born citizens of the children born overseas to American parents.

Here is the text of the 1790 Naturalization Act:
And 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

1795 Naturalization Act text change:
, 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. Provided, that the right of citizenship shall not descend on persons whose fathers have never been resident of the United States.

James Madison had written "shall be considered as natural born citizens" He did not say, shall be as natural born citizens. In the revised act that abolished the first he corrected his own text to make it less susceptible to misinterpretation.

Both Matthew Spalding and Jack Maskell, allegedly American history scholars, each conspicuously failed to address the fact that the 1795 Naturalization Act entirely repealed the 1790 Naturalization Act, and was a near-verbatim repeat of that Act, except entirely removing the reference to “natural born citizen”. The failure to address this conflict with their arguments strongly indicates an agenda in disregard of fact.

In 1795, James Madison himself actually expressed concern that some might erroneously infer, from the 1790 Act, that the foreign-born children of American parents actually “are” (not merely “considered as”) natural born citizens. McElwee indicates:

Mr. James Madison, who had been a member of the Constitutional Convention and had participated in the drafting of the terms of eligibility for the President, was a member of the Committee of the House, together with Samuel Dexter of Massachusetts and Thomas A. Carnes of Georgia when the matter of the uniform naturalization act was considered in 1795. Here the false inference which such language might suggest with regard to the President was noted, and the Committee sponsored a new naturalization bill which deleted the term “natural-born” from the Act of 1795. (1 Stat 414) The same error was never repeated in any subsequent naturalization act.

(McElwee, Natural Born Citizen, 1967, Page 10)

I pity you Yosemitest, for not believing the words of James Madison, the author of the US Constitution. If this is ever judged by our Congress, they will refer back to the contemporaneous notes of the Third Congress. The fact that I know this, and multiple hundreds of thousands or possibly millions of voters know this, dooms the brash and malicious candidacy of Ted Cruz.

Hint: If they don't know it now, the Democrats will make sure everyone knows it by election day!

[Bubba Gump Shrimp]

After posting what I did, I remembered my Dad who had a good friend that he did the whole Pacific Theater with in WW2, from Leyte Gulf to Okinawa.

The guy was German, and that’s why he was sent to the Pacific. Anyways, he wasn’t a citizen but he was enlisted, and even he didn’t get to become Natural Born after the war ended.

My dad told us all how he helped this guy study for his Constitution test, and that the test was all in English. The guy spoke pretty good English my dad said, that wasn’t an issue, it was just a point he made until he died (my dad was outraged that the drivers license test was in other languages and would often mention this to make a point).

Anyways, the guy served, probably got 3 bronze battle stars like my Dad did (same theater, same dates), and still he wasn’t a Natural Born Citizen. He was given a chance to become a Citizen, and after he did, my dad said he was so proud, it was the proudest moment of his life. (I don’t remember the guy, he died when I was pretty young).

The point is, if serving in the military in WW2 didn’t get you to become an Natural Born Citizen, then I’m not going to credit Cruz with being a Natural Born.

[Yosemitest]

I pity you higgmeister, for not believing the words of Thomas Jefferson.

There's NOTHING to THINK ABOUT !
The LAW IS THE LAW !

Someone once asked:

" Do you really think that Thomas Jefferson
or any of the authors of the constitution
would view the bastard offspring of these unfortunate women as Natural Born United States Citizens?"

"Bastard offspring" by definition means the "unfortunate" mother was NOT MARRIED. That statement is IRRELEVANT !

When Ted Cruz was born, his parents were "IN WEDLOCK".

Now for your next IRRELEVANT statement:

"And using your logic wouldn't the children of these bastard offspring be Natural Born Citizens
regardless of the location of their birth
also be Natural Born United States Citizens?
If not then tell me why
using your logic we do not have thousands upon thousands of Natural Born US Citizens who are decedents from these Muslim bastard children?"

AGAIN, that "STRAW MAN" IS IRRELEVANT, when it comes to TED CRUZ being a NATURAL BORN CITIZEN of the United States ON THE DAY HE WAS BORN !

You should do better research when it comes to Thomas Jefferson.
Read Thomas Jefferson's own BILL on there "Natural Born Citizen" requirements for the CommonWealth of Virginia:

Thomas Jefferson, A Bill Declaring Who Shall Be Deemed Citizens Of This Commonwealth

May 1779 Virginia Papers 2:476–78

Be it enacted by the General Assembly,

that all white persons born within the territory of this commonwealth
and all who have resided therein two years next before the passing of this act,
and all who shall hereafter migrate into[Volume 4, Page 488] the same;
and shall before any court of record give satisfactory proof by their own oath or affirmation,
that they intend to reside therein,
and moreover shall give assurance of fidelity to the commonwealth; and all infants WHERESOEVER BORN,
whose father, if living,
or otherwise, whose mother was, a citizen at the time of their birth,
or who migrate hither,
their father, if living,
or otherwise their mother becoming a citizen,
or who migrate hither without father or mother, shall be deemed CITIZENS of this commonwealth,
until they relinquish that character in manner as herein after expressed:
And all others NOT BEING CITIZENS of any the United States of America, shall be deemed aliens.


The clerk of the court shall enter such oath of record,
and give the person taking the same a certificate thereof,
for which he shall receive the fee of one dollar.
And in order to preserve to the citizens of this commonwealth, that natural right,
which all men have of relinquishing the country, in which birth, or other accident may have thrown them,
and, seeking subsistance and happiness wheresoever they may be able, or may hope to find them:
And to declare unequivocably what circumstances shall be deemed evidence of an intention in any citizen to exercise that right,
it is enacted and declared,
that whensoever any citizen of this commonwealth, shall
by word of mouth in the presence of the court of the county, wherein he resides,
or of the General Court,
or by deed in writing, under his hand and seal, executed in the presence of three witnesses,
and by them proved in either of the said courts,
openly declare to the same court,
that he RELINQUISHES the character of a citizen,
and shall DEPART the commonwealth;
or whensoever he shall WITHOUT such declaration DEPART the commonwealth AND ENTYER INTO THE SERVICE OIF ANY OTHER STATE,
not in enmity with this, or any other of the United States of America,
or do any act whereby he shall become a subject or citizen of such state,
such person shall be considered as having exercised his natural right of EXPATRIATING himself,
and shall be deemed NO CITIZEN of this commonwealth from the time of his departure.

SO there, you have PROOF

that Thomas Jefferson,
or for that matter, ANY of the authors of the constitution,
would view TED CRUZ as a NATURAL BORN CITIZEN of the United States,
ON THE DAY HE WAS BORN !

1st United States Congress, 21-26 Senators and 59-65 Representatives

[ri4dc]

Regarding Madison’s concern that some might erroneously infer, from the 1790 Act, that the foreign-born children of American parents actually “are” (not merely “considered as”) natural born citizens.

Would you be able to articulate for me the distinctions between
actually “are”
and
not merely “considered as”

In a legal sense, in terms of determining a person’s citizenship, I am not wrapping my mind around “considered as” and what does that actually result in.

And I agree, the founders would not have wanted foreign born, with few exceptions, to become Commander In Chief. Anyone whom is a citizen by statute or capable of dual citizenship would not be referred to as “Natural” anything. Citizen, yes. Natural Born Citizen, no. IMHO.

Thank you for the references.

[BlackFemaleArmyColonel]

WOW.