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To: Brilliant

Now that’s a ‘Brilliant’ idea! These folks on our side , that have sold our constitution down the river for the sole purpose of getting their own ineligible candidates in the oval office, are going to be shocked when their partners in crime on the other side of the aisle show them no such deference when their time comes! The dems will be screaming from the rooftop that Rubio is not eligible. Mark my word.


28 posted on 07/31/2012 3:26:14 PM PDT by penelopesire (TIME FOR A SPECIAL PROSECUTOR!)
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To: penelopesire

Congressional Research Service

“The weight of legal and historical authority indicates that the term “natural born” citizen would mean a person who is entitled to U.S. citizenship “by birth” or “at birth,” either by being born “in” the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship “at birth.” Such term, however, would not include a person who was not a U.S. citizen by birth or at birth, and who was thus born an “alien” required to go through the legal process of “naturalization” to become a U.S. citizen.[1]

Birth within the United States

Main articles: Birthright citizenship in the United States and Jus soli
Section 1 of the Fourteenth Amendment to the United States Constitution provides 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.”

In the case of United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th Amendment, if that person:

Is born in the United States
Has parents that are subjects of a foreign power, but not in any diplomatic or official capacity of that foreign power
Has parents that have permanent domicile and residence in the United States
Has parents that are in the United States for business
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment,[6] although it has generally been assumed that they are.[7]”


33 posted on 07/31/2012 3:32:03 PM PDT by Okieshooter
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