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To: Uncle Chip
"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:"

Yes, the Naturalization Act of 1790 does not allow children of non-citizens born outside the United States to be natural born citizens. It makes no provision for the citizenship of persons born within the United States whether to citizen parents or not.

It seems to me that the implication of this act is that those born in the United States are inherently natural born citizens, while children born to citizen parents outside the United States are natural born citizens only by Act of Congress and subject to the conditions of this statute.
57 posted on 05/13/2010 12:16:59 PM PDT by The Pack Knight (Duty, Honor, Country)
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To: The Pack Knight
It makes no provision for the citizenship of persons born within the United States whether to citizen parents or not.

And you would be wrong. Read it again and pay closer attention to that little clause beginning with "that may".

"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:"

It says clearly that "children of citizens of the United States ... shall be considered natural born citizens" --- even though they may be born overseas.

Thus "jus sanguinis", birth to American parents [plural] was the determining factor of natural born citizenship to them.

79 posted on 05/14/2010 6:16:27 AM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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