There’s no question that a native-born citizen is not a natural-born citizen? No question at all? Tell me, then, of what nation is Rubio a natural-born citizen? Or did you not realize that the concept of natural law was articulated by Thomas Aquinas who said that every person is natural-born citizen of some country?
No, of course not. Two hundred and twenty years of legal precedent must be set aside because some FRENCH guy referred to “naturels.” What? You didn’t know that nothing was said of “natural BORN” in his writings? That he spoke of indigenous peoples, not of natural-born citizens? Fascinating how so-called conservatives are citing foreign-language sources, dubiously translated, as a source for U.S. law.
No, no, no, no.... “natural-born” means the nation to which you “naturally” received citizenship due to birth. How do we know? Because the founding fathers accounted for those who were Americans at the start of the revolution, and those who were born in America after its founding. By your definition, there would be a “lost generation” of people who were neither citizens at America’s founding, nor born of American citizens.
Ah, an imaginative enough variation on the tired arguments of the past four years to deserve some response, particularly for a FR subscriber who has has hung around for ten years. Using Thomas Aquinas is a first. It would inspire the curious to read Aquinas, except that we have lots of examples of people who are not natural born citizens right here. Slaves, born in the US, were finally made citizens, and not natural born citizens, by the 14th Amendment, a naturalization law. Natural citizens and naturalized citizens are different, as explained by John Bingham, author of the 14th Amendment.
Rubio’s status depends upon Cuba's law. If Cuba mirrors British common law, which addresses ‘subjects’, implying allegiance to some authority, then Marco may be a natural born subject of Cuba, as Barack was naturally born a subject of the British Commonwealth.
"Two hundred and twenty years of legal precedent must be set aside because some FRENCH guy referred to naturels...”"
Some “FRENCH” guy, was actually a “SWISS” guy. Vattel wrote in the diplomatic language of The Continent, French, thoroughly understood by former Envoy to France, John Jay, by John Marshall, and by George Washington. Since Jay used the term “natural born citizen”, and was later a Chief Justice when Washington ruled on a congressional effort to extend natural born citizenship to foreign born children of US Citizens in the Nationality Act of 1790, repealed in 1795, and signed by Washington, you are presuming that Washington and Jay didn't understand the meaning they put into the Constitution. Marshall was Chief Justice when the last mention of natural born citizenship was expunged from the Congressional Record, forever, suggesting that those language deficient men who framed and founded our nation didn't understand the term they put in the Constitution. Such nonsense, but we've seen lots of it here. Of course, the end justifies the means.
Your comments warranted a reply because yours is the rationale being offered by the two latest judges to deny challenges to Obama’s right to be on state ballots. These judges cite Wong Kim Ark, the case which made the son of Chinese nationals, born in San Francisco, a citizen. It didn't make him a natural born citizen. Justice Gray cited Minor v. Happersett is precedent for the definition of who were natural born citizens. The Wong Kim decision is based upon the 14th Amendment, which never mentions natural born citizens, and whose author explicitly specified “... of parents not owing allegiance to any foreign sovereignty.” Thus the child of Muslim Brotherhood parents, in the US to prosecute the war on our nation, or force everyone to become Muslim, born in their hideout in Arizona, raised a jihadist, is eligible to become president? Our framers faced a similar threat from the children of royalists. For judges to misrepresent our framers may be treason (the only word defined in the Constitution), because it is giving aid and comfort to our enemies.