Thursday, January 7, 2010

Natural Born Citizen Redefined in 1795 by the 3rd Congress

This is not a new finding rather we are refreshing our memories as to the basis for the definition of "Natural Born Citizenship" within the context of the Constitution as it relates to the Article I Section 2- "Who is eligible to hold the office of President of the United States".

This Constitutional Requirement is not to be confused with citizenship status. Most people of this land are Natural Born Citizens. However we grant citizenship status everyday to immigrants who have satisfied the requirements and are granted "Naturalized" citizenship status- those not born here. These people are not United States Natural Born Citizens.

Among the other types of citizens are those born of one US citizen parent. Either the father or the mother being a US citizen. These children are not "United States Natural Born Citizens" and are INELIGIBLE to hold the office of the Presidency.


Article I Section 2

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

The founders realized further clarification was needed and made an attempt in 1790 by act of the 1st Congress, and then later redefined in 1795 by act of the 3rd Congress.

The actual Congressional records reside in the National Archives Building in Washington D.C. and these volumes are the official recorded proceedings of our Congress from the 1st Congress of 1790 ongoing, including the current 111th Congress of 2008.





In the official copies of the THIRD U.S. Congress (1795) margin notes state "Former act repealed. 1790. ch. 3." referencing the FIRST U.S. Congress (1790).

The actual text of the THIRD CONGRESS in 1795 states, "...children of citizens [plural = both parents] of the United States...shall be considered citizens of the United States; Provided That the right of citizenship shall not descend to persons, whose fathers have never been resident in the United States..." (THIRD CONGRESS Session II. Ch.21. 1795, Approved January 29, 1795, pp. 414-415. Document margin note: "How children shall obtain citizenship through their parents" Document margin note: "Former Act repealed 1790 ch.3.")

Steve

1 comment:

  1. This is all the info. Lt.Col. Lakin's needs. It explains why we were taught in school, born to American Parents in America, or if at a time of war, born in other area's deemed American soil.

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