The concept of a Natural Born Citizen arises out of Natural Law. Our NBC definition for POTUS eligibility purposes was frozen in time like a caveman with no comment or elaboration the moment the 10th of 13 former colonies approved our new Constitution in 1788.
The Constitution was considered adopted with the ratification of the 9th state. Article 7: "The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same."
The phrase natural born citizen used by the Framers was a legal term of art lifted directly from the English common law and adapted for our purposes. There was no need to include a definition of the term as it had been defined for centuries.
While you seek to invoke every law but United States law to satisfy your claims about American citizenship, the U.S. courts have had none of that argument for over two centuries.
For all persons born in the United States, the 14th Amendment is the applicable source of law to determine citizenship at birth. For all persons born outside the territory of the United States, United States Federal law controls the determination of citizenship at birth. If there were an authority superior to the United States, telling us who is or is not a United States citizen, or who may, or may not, be President, we would not be a sovereign nation. That superior authority would be the sovereign.
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No country needs to bother defining the citizenship status of individuals born on its soil to parents who are its citizens. Do any of them require naturalization under the Unoted States Federal Naturalization Statute?
At the Founding and the Framing there was no Federal naturalization statute. It was a matter of State jurisdiction. An alien became a citizen of the United States by becoming a citizen of a State.
At the Framing, no uniform rule of naturalization existed. Article 1, Section 8, Clause 4 provided that "Congress shall have the power . . . To establish an uniform Rule of Naturalization...." Prior to the enactment of a Federal statute, each state made its own rules and requirements for naturalization.
Prior to the first Federal statute, which followed the establishment of the new government under the Constitution, there had been natural born citizens of the United States. Prior to the Declaration of Independence there had been natural born citizens of the English colonies who were natural born subjects of the king.
An Act to establish an uniform rule of naturalization.And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, That no person heretofore proscribed by any state, shall be admitted a citizen as aforesaid, except by an act of the legislature of the state in which such person was proscribed.
Perforce, United States law defines who are its citizens. Citizens are all those who are not aliens. A law which defines who is born an alien, equally defines all others as citizens. With only two classes, defining either one also defines the other.
Ex parte Grossman, 267 U.S. 87, 108-109 (1925)
The language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they were when the instrument was framed and adopted. The statesmen and lawyers of the Convention who submitted it to the ratification of the Conventions of. the thirteen States, were born and brought up in the atmosphere of the common law, and thought and spoke in its vocabulary. They were familiar with other forms of government, recent and ancient, and indicated in their discussions earnest study and consideration of many of them, but when they came to put their conclusions into the form of fundamental law in a compact draft, they expressed them in terms of the common law, confident that they could be shortly and easily understood.
Wong Kim Ark, 169 U.S. 649 (1898)
at 694
To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States.
at 702-703
The Fourteenth Amendment of the Constitution, in the declaration that“all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
at 704
The fact, therefore, that acts of Congress or treaties have not permitted Chinese persons born out of this country to become citizens by naturalization, cannot exclude Chinese persons born in this country from the operation of the broad and clear words of the Constitution, “All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
INDIVIDUALS THAT DON’T MEET THIS DEFINITION (Cruz, Harris, Rubio, etc.)
Kamala Harris was born in California. She is a natural born United States citizen pursuant to the 14th Amendment. She was born in the United States and subject to its jurisdiction.
Marco Rubio was born in Florida. He is a natural born United States citizen pursuant to the 14th Amendment. He was born in the United States and subject to its jurisdiction.
Ted Cruz was born in Canada to a United States citizen and was officially recognized as a United States citizen at birth pursuant to the applicable Federal law at the time of his birth.
Tulsi Gabbard was born in was born in American Samoa which confers status as a national, but not a citizen, of the United States. She was born to a United States citizen and was officially recognized as a United States citizen at birth pursuant to the applicable Federal law at the time of her birth.
Joseph B. Nones, Esq. to Secretary of State William L. Marcy, March 11, 1854
New York, Saturday, March 11, 1854.Sir:
I take the liberty to address you, to solicit your opinion on the construction of represented to me, in the nature of the United States citizenship, and the issue by the State Department of passports consequent thereon. The solution of these two questions has always been subject of interest, and at this time peculiarly so; and I can find no law of Congress to elucidate these two cases, viz.:
Imprimis—A man born in the City of New York, of alien parents, who had not, at the time of his birth, declared their intentions to become citizens of the United States, claims to be a native born citizen of the United States, and entitled to protection from your Department. Is he correct in his views, and is he a citizen of the United States and will the Department of State grant him a passport?
Next, a similar claim is made by a man born in Connecticut of alien parents; who at the time of his birth, had declared their intentions (or at least the father had) to become citizens of the United States. Is he a United States citizen, and will the Department of State grant him a passport? It is more than probable, Sir, that owing to the unsettled state of Europe, and our own Continent, that these isolated cases will not be the only ones presented to me for consideration, and that of the Department or State of the United States—and hence my desire, Sir, for your construction of these facts—so that, if any action of Congress is needed in the premises, it may be promptly had.
I have the honor, Sir, to subscribe,
With great respect, your obedient servant,
J. B. NONES, Notary Public.
Secretary of State William B. Marcy to Joseph B. Nones, Esq., March 16, 1854
Honorable William L. Marcy,
Secretary of State of the United States,
Washington City, D. C.
Department of State,
Washington, March 16, 1854.Joseph B. Nones, Esq., New York City:
Sir: Your letter of the 11th instant has been received. The cases which it mentions are not embraced by any law of the United States, upon the subject of Naturalization; and, it is believed, have not been decided by any Court in this country. Although, in general, it is not the duty of the Secretary of State to express opinions upon points of law, and doubts may be entertained of the expediency of making an answer to your inquiries an exception to this rule, yet I am under the impression that every person born in the United States must be considered a citizen, notwithstanding one or both of his parents may have been alien at the time of his birth. This is in conformity with the English Common Law, which law is generally acknowledged in this country; and a person born of alien parents would, it is presumed, be considered such natural born citizen, in the language of the Constitution, as to make him eligible to the Presidency.
I am, Sir, respectfully,
Your obedient servant,
W. L. MARCY.
The Age of Confusion regarding the citizenship of children born within the territory and jurisdiction of the United States did not arise until the advent of birthers and birtherism.
“Perforce”
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Yeah. Okay...