“Rubio was born in the United States and is therefor a citizen by birth and eligible to be President.”
Not according to one of the founders, one Emmerich de Vattel, who although dead in 1767, well before the founding, is nevertheless held by some to be the sole and everlasting authority on what defines the qualifications for Potus in the US.
Note: Said definitions were noticably ommited from the Constitution, ammendments, leaving interpretation to those who came later.
The same people that cry out against using international law as a basis for proeeding in the US, seem to suggest this is one time for an exception.
I wonder if they want American troops tried in international courts, too?
Vattel was not a sole authority, because his work/s only summarized what was already in practice by custom and statute by many sovereigns and their nations. British law and custom in regard to citizenship was notably contrary to much of the Continental and other intrnational law in the 18th Century. Other sovereigns and their nations typically recognized some form of naturalization of a foreign born citizen, while Britain had came to deny the right of a person to change allegiance. it was this conflict between British law and most Continental legal systems regarding citizenship which prompted Vattel to summarize the existing laws of the Continent in contrast to those of England. The Founding Fathers of America relied upon the work of Vattel, because it was one of several most recent Continental works which helped to summarize the principles of natural law as practiced in Europe and the greater world.