Seek,
You’re exactly right. That is the standard most of us base our understanding of the criteria for NBC; as it was the standard for our founders, justices and others who wrote on the issue throughout the countries history.
The problem lies with the fact that the USSC has never made a ruling explicitly defining what exactly is the legal standard for a NBC. We have various rulings on citizenship issues, but not a single one that speaks specifically to the issue.
We have two failings in our election system that allowed an usurper into office.
1. We have a requirement within the Constitution requiring that a candidate for President and VP must meet the criteria of NBC yet we have no system in place nor an overseeing body whose job is is to verify a candidate meets the constitutional standard.
2. Not having a specific ruling by the USSC. This has allowed the States and our elected officials to determine on their own who meets the qualification without having a standard to go by.
It took Obama running for President for us to learn opening up a very scary scenario and setting a prescience we do not want established.
As it stands right now, a person who freely admits to having been born outside the US, who has not reached the age of 35 could demand their name be placed on the ballot of each 50 state. This person can easily use Obama’s ability to qualify as the basis for any legal actions that would be taken against the person.
Each State MUST before 2010 change their State constitution to state that a person must prove they are a NBC and meet the other Constitutional qualifications along with setting up a person or Dept that oversees the vetting of candidates.
That is true. However we do have the process in place by which each candidate must sign a document along with Party leaders that they swear the candidate is constitutionally qualified to run for the office.
Every Secretary of State received such documents from Nancy and Obama. :)
There is a clear system in place at the secretaries of state offices. They must ensure that the candidates they place on the ballot are quyalified. The fact that they did not does not indicate the need for a new law. It argues for them to do their jobs and uphold their oaths of office to defend the constitution of their states and the US.