From earlier this month, William A. Jacobson (Legal Insurrection) has this impressive post — actually a long scholarly essay — on the eligibility clause: natural born Citizens: Marco Rubio, Bobby Jindal, Ted Cruz. Short version: he thinks there is not a clear case for ineligibility of any of the three. (Quite an impressive set of comments too, although the vitriol runs pretty high).
My thoughts are here (regarding Cruz).
As to Jindal and Rubio, I think there is no substantial textualist/originalist argument against their eligibility, as they were both both in the United States (although to non-citizen parents). Whatever else it did, English law considered a “natural born subject” to be anyone (other than the child of a foreign ambassador or invader) born within English territory, without regard to the citizenship of the parents. Absent evidence to the contrary, it seems appropriate to read the constitutional language in light of its English predecessor.Details