NBC is a legal issue. Vivek Ramaswamy was born on August 8, 1985 in Cincinnati, Ohio to parents who were in the U.S. legally but not U.S. citizens. The U.S. Supreme Court (SC) has ruled that someone who is born on U.S. soil is an NBC if at the time of his birth, his parents were in the U.S. legally but not U.S. citizens. Therefore, according to the mandatory legal authority of sound constitutionally-based SC ruling and precedent, Vivek is an NBC.
Detailed argument
Since around 1900, (SC) rulings have become less and less valid because SC has gradually moved away from basing their decisions on the Constitution as written and originally understood and intended. But their ruling on NBC appear to be based on sound application of the Constitution.
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, and now Vivek.
Your post may be too much for one guy in New Jersey to Comprehend
SCOTUS has never defined the Constitutional term “natural Born citizen”.
When it does, many (not This Guy) will be surprised at who does not meet said definition.
Obviously, the truly exclusive definition of nBc is: Born here to citizen parents, plural.
No other definitions truly exclude.
The rogues gallery of those born here exclusive of parentage is frightening.
Those born overseas to one or two U.S. citizens is not much better.
The Mark Levin definition of nBc appears to be: Anyone born anywhere in the known universe to any parents whatsoever, except those born outside the U.S. to non-U.S. parents (plural).
You’ll agree, will you not? That such a a non-exclusive restriction is hardly worth John Jay mentioning (”Permit me to hint...”) in a solemn letter to the then-president of the Constitutional Congress