"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."
-- Naturalization Act of 1790
"[T]he 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."
-- Naturalization Act of 1795
Katyal and Clement are completely disingenuous by ignoring the correction in their discussion last March because they know full well that the Act of 1795 repealed the Act of 1790.
h/t Mario Apuzzo, here:
'The authors cite to the Naturalization Act of 1790 and ignore the fact that the Naturalization Act of 1795, with the lead of then-Rep. James Madison and with the approval of President George Washington, repealed it and specifically changed "shall be considered as natural born citizens" to "shall be considered as citizens of the United States." This is even more a blatant omission given that they argue that the English naturalization statutes referred to persons born out of the King's dominion to British subject parents as "natural born subjects." They fail to address this critical change made by our early Congress, critical because Article II, Section 1, Clause 5 provides that a “Citizen” of the United States was eligible to be President only if born before the adoption of the Constitution and that thereafter only a “natural born Citizen” was so eligible.'
