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.
1st Congress March 26, 1790.
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=227
Nice try, Jude. It was repealed in 1795.
The First U.S. Congress included in the 1790 Immigration & Naturalization Act language to alert the State Department to the fact that Americans born abroad are (natural born citizens and are not to be viewed as foreigners due to foreign birth. They were not granted citizenship via that US statute rather their automatic citizenship was stated as a fact that must be recognized by immigration authorities. They were not citizens by any other means than natural law, and statutory law was written to insure that their natural citizenship was recognized.
This is not a reasonable explanation. It fails to recognize that Congress only has powers over naturalization. Congress has no power to define natural born Citizen, which has nothing to do with naturalization. Furthermore, if Congress wants to tell the State Department something, they dont have to enact legislation to do it.
But more important is that all of the following naturalization acts, 1795, 1802, etc., were also passed to naturalize the children of U.S. citizens born abroad. And the words natural born were repealed in the 1795 Naturalization Act and never returned again.
And see SatinDoll's post #91
The bill they used for McCain in 2008 is meaningless. All attempts have failed that is why they cheat. Just like gay marriage and immigration they use activist judges to cheat the voters. The Constitution still stands. There is a usurper as POTUS.
They ought to have the same rights, said Don Nickles, a former Republican senator from Oklahoma who in 2004 introduced legislation that would have established that children born abroad to American citizens could harbor presidential ambitions without a legal cloud over their hopes. There is some ambiguity because there has never been a court case on what natural-born citizen means.
http://www.govtrack.us/congress/bills/108/s2128
S. 2128 (108th): Natural Born Citizen Act
108th Congress, 20032004
A bill to define the term "natural born Citizen" as used in the Constitution of the United States to establish eligibility for the Office of President.
Introduced:
Feb 25, 2004
Sponsor:
Sen. Don Nickles [R-OK]
Status:
Died (Introduced)
2/25/2004--Introduced.
Natural Born Citizen Act - Defines the constitutional term "natural born citizen," to establish eligibility for the Office of President, as:
(1) any person born in, and subject to the jurisdiction of, the United States; and
(2) any person born outside the United States who derives citizenship at birth from U.S. citizen parents, or who is adopted by the age of 18 by U.S. citizen parents who are otherwise eligible to transmit citizenship.