Properly applying the Constitution in an ambiguous clause by a good-faith effort to find original 1788 understanding satisfies federal “pursuant” in Supreme Law of the Land clause (US Const., Art. VI, Cl. 2).
In Perkins v. Elg, 99 F. 2d 408, Court of Appeals, Dist. of Columbia Circuit 1938, the Court of Appeals noted as part of the basis for their decision that...
“United States v. Wong Kim Ark, 169 U.S. 649, 18 S. Ct. 456, 42 L. Ed. 890 [found that] {W]hen the Constitution was adopted the people of the United States were the citizens of the several States for whom and for whose posterity the government was established. Each of them was a citizen of the United States at the adoption of the Constitution, and all free persons thereafter born within one of the several States became by birth citizens of the State and of the United States.”
It appears the Supreme Court in Elg (1939) agrees.
What matters is what the ratifiers of the Constitution considered a natural born citizen (NBC) was. Again, the Constitution is properly applied as written and ORIGINALLY UNDERSTOOD and intended.
The Supreme Court decisions based soundly on the good-faith finding of original understanding of NBC in the Constitution is, therefore, legal precedent concerning NBC. Thus, Vivek should be considered an NBC.
WIKI
In 1875, Chief Justice Waite, in the voting-rights case Minor v. Happersett, stated:
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.”
https://en.wikipedia.org/wiki/Natural-born-citizen_clause_(United_States)
Quotes from The Conservative Treehouse:
Sen. Trumbull, framer of 14th Amend. – “The provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.”
John Bingham, framer of 14th Amend. – “I do not stand here to cavil with men who are not read in the horn-books of the law; but I assert that every man born within the limits of the Republic, or under its flag at sea, of parents who were not the subjects of any other sovereignty, are, in the very words of the Constitution, natural born citizens”
Rep Bingham quote is from Cong. Globe, 37th, 2nd Sess., 407 (1862)
Sen Trumbull quote is from Cong. Globe, 39th, 1st Sess., 2893 (1866)
There is no direct link to the pages but they can be accessed by navigating from here:
https://memory.loc.gov/ammem/amlaw/lwcglink.html
[not verified by me]