edge919 put forth: “Just a note for accuracy, but Gordon talks about the NBC as being dependent on citizen parents as is defined in Minor v. Happersett.”
A “note for accuracy” ought to have more of it. The eligibility of those born *outside* the U.S. depends on citizen parents, as Gordon explains:
“It is clear enough that native-born citizens are eligible and that naturalized citizens are not. The recurring doubts relate to those who have acquired United States citizenship through birth abroad to American parents.”
[Charles Gordon, Who Can Be President of the United States: The Unresolved Enigma, 28 Md. L. Rev. 1, 19 (1968).]
Pryor agrees:
“It is well settled that ‘native-born’ citizens, those born in the United States, qualify as natural born. It is also clear that persons born abroad of alien parents, who later become citizens by naturalization, do not. But whether a person born abroad of American parents, or of one American and one alien parent, qualifies as natural born has never been resolved.” [Jill Pryor, ‘The Natural-Born Citizen Clause and Presidential Eligibility’, 97 Yale Law Journal 881-889 (1988).]
Now, edge919, look at my claim for which I cited Gordon and Pryor: “In our time, legal references have considered the eligibility of the native-born to be clear and settled.” Gordon wrote “clear”; Pryor “settled”.
Marco Rubio was born in Miami Florida on May 28, 1971. As a native born citizen, his qualification as an Article II natural-born citizen is clear and settled, crank nonsense notwithstanding.
Gordon is not saying that native-born means jus soli only. His point is simply that naturalized citizens are not eligible for presidents, which he supports in footnote by citing several cases:
The naturalized citizen's ineligibility for the Presidency is mentioned Schneider in v. Rusk, 377 U.S. 163, 165, 177 (1964) ; Knauer v. United States, 328 U.S. 654, 658 (1946) ; Baumgartner v. United States, 322 U.S. 665, 673 (1944) ; Luria v.United States, 231 U.S. 9, 22 (1913).
Further in his essay, Gordon explains:
"The common law, as it had developed through the years, recognized a combination of the jus soli and the jus sanguinis. A similar combination has always been embraced by the laws of the United States, except for the possibility of an inadvertent hiatus between 1802 and 1855."
"In Wong Kim Ark, the Supreme Court found some comfort in its earlier decision in Minor v. Happersett."
"The court mentioned the presidential qualification clause and stated that it unquestionably included children born in this country of citizen parents, who "were natives, or natural-born citizens, as distinguished from aliens or foreigners.""