Posted on 09/29/2011 8:43:31 AM PDT by Politics4US
Mark Levin says Rubio is a natural born citizen, and threatens to ban birthers on his social sites.
You seem to be determined to ignore the SCOTUS Venus merchantman case of 1814, as well as dozens of SCOTUS cases that cite Vattel extensively for definition and reference.
The Venus case regarded the question whether the cargo of a merchantman, named the Venus, belonging to an American citizen, and being shipped from British territory to America during the War of 1812, could be seized and taken as a prize by an American privateer. But what the case said about citizenship, is what matters here.
What the Venus Case says on citizenship:
In the Venus Case, Justice Livingston, who wrote the unanimous decision, quoted the entire §212nd paragraph from the French edition, using his own English, on page 12 of the ruling:
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says:
“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.”
“The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it…”
Vattel has long been a significant precedent in American appelate and jurispredential history.
I suppose the special political status of Cubans may be a factor. They aren’t your typical immigrants. Had Rubio’s parents begun the citizenship process at the time of his birth?
If a pregnant U.S. citizen has her baby while traveling overseas, is that child a U.S. citizen?
In any event, if Obama is a Natural Born Citizen, I don’t see why Rubio shouldn’t be.
It matters to me. And just because an erroneous “standard” has been set does not mean it is right...i.e. roe wade, obamacare, ss, and apparently, natural born citizen. Our country is being destroyed by these unconstitutional “standards.”
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.
Why are we having this discussion?
The USA is now a very large banana republic. The Constitution is violated hundreds of times daily by the WH and the congress and the courts.
This is irrelevant because the meaning of the Constitution changes continuously to suit the purposes of our rulers, oops I mean our elected representatives.
And I am not being sarcastic. Discussing the Constitutionality of anything done by Washington is pointless.
anchor baby is a term of immigration law (slang actually).
Those were legally abolished in the 1996 immigration reform bill.
you also forget that cubans had a different status at that time under the law. think political refugees.
there are only two legal classes of citizen. naturalized and native/natural born. It may not be liked but it is the law now.
Well, now the Vattle Birthers are getting all Birthers into trouble by the stuff they keep saying. It is one thing to be common sense suspicious about paperwork and a whole another thing to promote false and bad legal advice about what a natural born citizen is.
I shook off the Mark Levin fairy dust awhile ago. Mark Levin is not the last word on the Constitution and he loves the sound of his own voice a little too much for me. He lost me after his creepy rant on Donald Trump followed up by an on air insult to one of my best friends last week. What idiot insults his own fans on air when they try to call in with some information on the subject at hand? He’s wrong about Rubio also. Most constitutional experts agree with the Vattel version of “Natural Born Citizen”.
Freepers here who want to go along with this combined GOP/Progressive elitist attempt to change the intent of the founding fathers had better sit down and think very hard about it first. The abomination sitting in the White Hut right now is the reason the founding fathers wanted the President to be born in the USA of two citizen parents. No conflicting loyalties.
No. There were rules for entering the country. They still exist.
Roe wade is law too, but is completely unconstitutional because it deprives individuals of their right to life and liberty. Also, regarding the unique case of cubans, did Levin point that out? Seems to me he is saying, born here = nbc, case closed.
What if Rubi was born by c-section? Is he still a natural born citizen??
Yes, that child would be an American Citizen, but also may be claimed as a citizen of the local where born, dependent of the countries laws.
The status of "Natural Born Citizen" in this case however is undecided law.
Nbc like so many other parts of the Constitution has become so bastardized and twisted that many conservatives have given up on the real meaning.
Levin correctly believes that nobody is going to accept the real meaning of NBC.
You said: “Most constitutional experts agree with the Vattel version of “Natural Born Citizen”.”
This is the kind of blatantly false statement stuff that has caused him to ban Vattle Birthers from his website. I would love to see you make a list of “constitutional experts” along with their qualifications, who believe the Vattle stuff.
So, are you saying an a baby born in this country of illegal immigrants is not an nbc under Levin’s definition? Did he state that?
I guess then according to Levin’s definition, the Mexican Drug Cartel leader’s twins that were just born in California are also NBCs and should be eligible to be president, too!!! COOL!~!!!!!
Yeah, good luck with that. Levin is a Constitutional Scholar and has more understanding of the document in his little finger than any 10 Freepers. So, to anyone who dissagrees with Levin on this: "Shut up ya big dope!" :)
“Get off the phone you big dummy.”
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