The SCOTUS has already decided:
• Shanks v. Dupont, 28 U.S. 242, 245 (1830)
• Minor v. Happersett, 88 U.S. 162, 167-68 (1875)
• Ex parte Reynolds, 1879, 5 Dill., 394
• United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890)
S.R. 511 - 110th Congress - 2nd Session - April 24, 2008:
Excerpt: "Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:...." Read more here
Our founding fathers drew from Vattel's Law of Nations in drawing up the Constitution. Within this book is described the definition of Natural Born in Book 1; Chapter 19 to wit...."The natives, or natural born citizens, are those born in the country, of parents who are citizens." Notice the plurals the same as S.R. 511 - PARENTS, CITIZENS....et. al. Natural Born status has always been defined this way. In 2008 that definition was upheld by the 110th Congress.
In the SCOTUS cases referenced above that definition was also upheld and the bottom two cases Vattel was actually cited as the source reference for the decision.
To be a 'Natural Born' citizen the definition has always been defined as born in the country of TWO citizen parents.
The problem isn't lack of definition or court decisions - the problem is refusal to recognize or agree with those decisions in modern times by the bulk of the American people who continue to confuse 'native born' with 'natural born'.
YOu are talking about Strict Constructionism and I am not sure that is the way the courts would rule.
As I said, a matter for the courts.
If Obama was born in the US, with no UK citizenship because it couldn’t be conferred without legal marriage - then it is possible that the courts would decide he is eligible.
If born in Kenya then he has does have UK citizenship and US citizenship.
The Birthers should be digging into whether Hawaii would recognize that marriage in Kenya or not. If it was deemed a common law marriage - I don’t think it would be recognized and Ann Obama’s marriage legal.
If hawaii recognized it as a legal marriage - Ann Obama marriage ILLEGAL, VOID, and punishable by prison.
It is a legal entanglement in many different areas that would have taken years to sort out - which he evaded as scooted his way into the White House.