In a May 22, 2011 article on the meaning of the term "natural-born citizen," Joe Kovacs writes:
The Founders' chief concern, as demonstrated in a 1787 letter from John Jay to George Washington, was that the commander-in-chief not have dual loyalties. Jay, who later became president of the Continental Congress and the first Supreme Court chief justice, wrote: "Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen."
The definition of natural-born citizen approved by the first U.S. Congress can be seen in the Naturalization Act of 1790, which regarded it as a child born of two American parents. The law, specifying that a natural-born citizen need not be born on U.S. soil, stated: "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."
The first U.S. Congress included 20 delegates to the Constitutional convention. Among the 20 were eight members of the Committee of Eleven that drafted the Constitution's natural-born citizen clause. While the act was repealed five years later, it, nevertheless, represented the will of the Congress that the U.S. not be led by someone with dual loyalties.
Rep. John Bingham of Ohio, a principal framer of the Fourteenth Amendment, affirmed in a discussion in the House on March 9, 1866, that a natural-born citizen is "born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty." "The Law of Nations," a 1758 workby Swiss legal philosopher Emmerich de Vattel, was read by many of the American Founders and informed their understanding of law later established in the Constitution.
Vattel specified that a natural-born citizen is born of two citizens and made it clear that the father's citizenship was a loyalty issue. Vattel writes: "The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. … In order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country."
Significantly, when the U.S. Senate resolved in 2008 that Sen. John McCain, R-Ariz., the Republican presidential nominee, was a natural born citizen, it specified that his parents were American citizens.
If this is true, then short of a constitutional amendment, Rubio and Jindal are ineligible for the presidency.
