Makes me wonder how the Founders would view that. It they considered a child of US citizens born overseas to be a born US citizen assuming their provisions were met, then they would consider Rubio a citizen of Cuba, wouldn’t they?
Heheheh. You are catching on!
The founders saw the 1790 act as naturalization. The child would not be a citizen otherwise. There is all sorts of ways to substantiate that, including a plain reading of the 1790 Act, as well as hundreds of court decisions. If you were born abroad, and you are a citizen, then you are a naturalized citizen, even if you did not participate in a naturalization ceremony (as if an infant could do so anyway).
But yeah, Cuba in fact had the same claim on Cruz that the US did, at the moment Cruz was born. Citizen parent, born abroad, citizen-at-birth of Cuba via the father. The only reason we see it different today, is that after his birth, parent's decisions landed him in the US.
And just now I notice you are talking about Rubio - but the same principle applies as to Cuban citizenship at Marco's birth.
He, and Cruz, and Obama, are all dual citizens at birth. None of them want a decision on the merits, and SCOTUS doesn't want to go their now, because the right answer will be highly disruptive of the social order.