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To: Kaslin
Not much information exists on why the Third Congress (under the lead of James Madison and the approval of George Washington) deleted "natural born" from the Naturalization Act of 1790 when it passed the Naturalization Act of 1795. There is virtually no information on the subject because they probably realized that the First Congress committed errors when it passed the Naturalization Act of 1790 and did not want to create a record of the errors.

It can be reasonably argued that Congress realized that under Article I, Section 8 of the Constitution, Congress is given the power to make uniform laws on naturalization and that this power did not include the power to decide who is included or excluded from being a presidential Article II "natural born Citizen." While Congress has passed throughout United States history many statutes declaring who shall be considered nationals and citizens of the United States at birth and thereby exempting such persons from having to be naturalized under naturalization laws, at no time except by way of the short-lived "natural born" phrase in Naturalization Act of 1790 did it ever declare these persons to be "natural born Citizens."

The uniform definition of "natural born Citizen" was already provided by the law of nations and was already settled. The Framers therefore saw no need nor did they give Congress the power to tinker with that definition. Believing that Congress was highly vulnerable to foreign influence and intrigue, the Framers, who wanted to keep such influence out of the presidency, did not trust Congress when it came to who would be President, and would not have given Congress the power to decide who shall be President by allowing it to define what an Article II "natural born Citizen " is.

Additionally, the 1790 act was a naturalization act. How could a naturalization act make anyone an Article II "natural born Citizen?" After all, a "natural born Citizen" was made by nature at the time of birth and could not be so made by any law of man.

Natural Born Citizen Through the Eyes of Early Congresses

Harvard Law Review Article FAILS to Establish Ted Cruz as Natural Born Citizen

51 posted on 01/29/2016 9:17:57 AM PST by Godebert
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To: Godebert
Harvard Law Review Article FAILS to Establish Ted Cruz as Natural Born Citizen

Just an opinion of someone which I, unlike you respect, even though I do not share it.

55 posted on 01/29/2016 9:46:37 AM PST by Kaslin
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To: Godebert

Vote Cruz in Iowa as if the Republic Depends on It


77 posted on 01/29/2016 12:44:54 PM PST by McGruff (Boycott Fox News Channel. I am.)
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