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...
In United States v. Wong Kim Ark, 169 U.S. 649, 18 S. Ct. 456, 42 L. Ed. 890, 1898 [the Court 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 Court of Appeals in Elg (1939) agrees with Ark (1898) decison.
(Both Marie Elizabeth Elg and Wong Kim Ark were born on U.S. soil to parents who were here legally but not U.S. citizens. )
Again, the Constitution is properly applied as written and ORIGINALLY UNDERSTOOD and intended. What matters is what the ratifiers of the Constitution considered an NBC was. The Supreme Court decisions based on the good-faith and sound finding of original understanding of NBC in the Constitution is, therefore, legal precedent concerning NBC. Thus, Vivek should be considered an NBC.
Some argue that the term "NBC" is not specifically used in Ark or Elg, but these cases revolve around citizenship based on birth on U.S. soil, which is exactly what NBC is. An NBC is a citizen automatically because he was born on U.S. soil. He is “naturally” and automatically a citizen needing no further processing to become a U.S. citizen. He becomes a citizen under “natural” (birth) circumstances, exactly as Elg, Ark
No it isn't, and we have evidence that it isn't.
That evidence is the word "Citizen."
Jus Soli was the English law method for determining someone was a natural born subject.
Our meaning of the word "citizen" comes directly from Switzerland. We tossed out the English "subject", and Jus Soli right along with it.
There is an 1817 Pennsylvania law book that specifically says American citizenship is based on Vattel, not English common law. I'll show you the page that says that if you wish.
Marie Elg’s father naturalized the year before her birth. He most certainly was “subject to the jurisdiction” when she was born, thus no controversy on that point.
The question in that case was whether he expatriated her as well as himself when he renounced his citizenship in Sweden years later. The court sensibly said no.
It was a different question.
While we agree in large measure, I must object to your view that Vivek Ramaswamy is an NBC. To make sure we are on the same page, it is my understanding neither of Vivek’s parents were permanent residents nor naturalized citizens at the time of Vivek’s birth within the jurisdiction.