The founders had to reject English common law in order to declare themselves to be U.S. citizens. ECL required perpetual allegiance. There’s no parallel for this in U.S. citizenship. ECL prohibited expatriation. This is another part of the law that had to be suspended and/or rejected in order to become citizens. Eventually, the U.S. signed a treaty with England that according to the Supreme Court made persons born in the U.S. British subjects if they adhered to the crown. The Minor court defined NBC as: all children born in the country to citizen parents. U.S. v. Wong Kim Ark cited a ruling that said the white children of aliens born in the country were not subject to the jurisdiction of the United States PRIOR to the 14th amendment. Ark then cited Minor as saying that the 14th amendment does NOT define natural-born citizen. Yes, the Supreme court has plenty to say and NONE of it would make Rubio eligible to be president.
The Constitution of the State of New York in 1777 explicitly defines English Common Law as the basis for the State’s jurisprudence. Habeaus corpus, jury trials, etc. were all elements of English Common Law.
The Ark case in fact would argue that Rubio is a natural born citizen, because in fact it found that Ark was a natural born citizen.
Ark was born in the U.S. to Chinese parents who left the U.S. to go back to China when he was a young child. When he tried to get back into the U.S., during a period where there was strict limits on Chinese immigration, he argued that since he was born in the U.S. he was a U.S. citizen by birth.
The Supreme Court agreed with him. And in that case, the Supreme Court established that there are two, and two only, ways to be a U.S. citizen: you are born a citizen, or you are naturalized a citizen.
Please pay close attention to “inclusive” vs “exclusive” language.
To say that all women are humans is true.
To say that all humans, therefore, must be women is false.
Those born to two citizen parents on US Soil ARE Natural Born Citizens.
Those Born of alien parents, yet subject to the jurisdiction of the United States, ARE NATURAL BORN CITIZENS!