:: The ultimate arbiter on the issue likely is to be voters, not Supreme Court Justices.
Ultimately, your argument rests on, “Obama was voted to be POTUS, so can Rubio/Jindal/Cruz”.
My arguments rest on, “Madison and Jefferson said so.”
Looks like a stand off between the modernists and the orginalists.
"Modernist" = "I want what I want when I want it"? (Apologies to Gilbert and Sullivan.)