Its been written in judicial rulings. For example:
U.S. V Wong Kim Ark (1898) SCOTUS
[An alien parents] allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvins Case, 7 Coke, 6a, strong enough to make a natural subject, for, if he hath issue here, that issue is a natural-born subject.
Subject and citizen are, in a degree, convertible terms as applied to natives; and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.
Every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born.
The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established.
Tisdale v. Obama, U.S. District Court Judge John A. Gibney, Jr.: It is well settled that those born within the United States are natural born citizens.- Tisdale v. Obama, U.S. District Court of the Eastern District of Virginia, January 23, 2012.
H. Brook Paige v. James Condos, Secretary of State of Vermont and President Barack Obama: Robert R. Bent, Presiding Judge
While the court has no doubt at this point that Emmerich de Vattels treatise The Law of Nations was a work of significant value to the founding fathers, the court does not conclude that his phrase– The natives, or natural born citizens, are those born in the country, of parents who are citizens.â€â€“has constitutional significance or that his use of parentsâ€in the plural has particular significance. Thus far, no judicial decision has adopted such logic in connection with this or any related issues. In fact, the most comprehensive decision on the topic, Ankeny v. Governor of Indiana, examines the historical basis of the use of the phrase, including the English common law in effect at the time of independence, and concludes that the expression natural born Citizen is not dependent on the nationality of the parents but reflects the status of a person born into citizenship instead of having citizenship subsequently bestowed. The distinction is eminently logical.—Vermont Superior Court, November 14, 2012
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