Posted on 09/19/2011 4:29:58 AM PDT by maggief
I do not know where this tripe comes from. 7 US Presidents have had foreign born parents:
Jefferson’s mother was born in England, Andrew Jackson’s parents were born in Ireland, Buchanan’s father was born in Ireland as was Chester Arthur’s, Wilson’s mother was born in England and Hoover’s mother was born in Canada. Oh, and of course, Obama’s father was born in Kenya.
I suppose we are going to have to have the SCOTUS end up defining Natural Born but I suspect they are not going to side with those who take the tack that people like Rubio are not, since they seem to see the children of illegal aliens as citizens. Sheesh.
Being a bad person does not preclude you from being eligible for POTUS.
Thank you for that. It’s interesting that it’s not been before them with all of the hoopla.
You cannot answer a simple question??
What, EXACTLY, is the difference in terms between “citizen” and “natural born citizen”?
This is the third time I’ve asked and have yet to get any answer. Since there is the higher “natural born citizen” requirement for President, what do YOU say it means and how does it differ from “citizen” which was not a good enough designation according to our Founding Fathers?
Answer my simple question. Pick one of two below:
Rubio was born in the USA
Rubio was not born in the USA
Thank you.
You couldn’t be more wrong!
The following information comes from our government, US Citizenship and Immigration Services, and describes the three statutory types of citizenship - native born (jus solis), derived citizenship (jus sanguinis), and naturalized citizenship.
CITIZENSHIP
If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.
To become a citizen at birth, you must:
Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements
To become a citizen after birth, you must:
Apply for “derived” or “acquired” citizenship through parents
Apply for naturalization
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Note: all three types of the above are U.S. citizens. All may serve in the U.S.Congress, as either Representatives in the House, or as Senators in the Senate. Natural born citizen is not mentioned as it is not a type of citizenship.
Per Article I, Section 2 and 3 of the United State Constitution, Representatives and Senators shall be Citizens of the United States.
The ONLY place “natural born citizen” appears in our national laws is as an eligibility requirement to be President of the United States.
Per Article II, Section 1, clause 5: “No person except a natural born Citizen, or a citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
The eligibility requirement to be President is not the same as that for Congress. Simply being a “citizen” is not enough.
Our founders understood the difference. Here is where the definition exists in national law:
http://naturalborncitizen.wordpress.com/2011/06/30/the-express-lane-to-natural-born-clarity/
ONLY NATIONAL LAW MAKES BINDING PRECEDENT.
The Supreme Court’s definition of the natural-born citizen clause in Minor [Minor vs. Happersett] is not common law, natural law, or international law. Vattel is not cited by the Supreme Court in Minor. And Vattel does not make US law. The Court’s holding in Minor is national law. It is United States law.
Those other sources may have been consulted, but when the Court held that [Virginia] Minor was a citizen under Article 2 Section 1 because she was born in the US of citizen parents, that definition became national law. Therefore, Minor supersedes all other sources on this point. It is a direct Constitutional interpretation and definition.
The other sources are not necessary. Relying upon them actually weakens the authority of Minor. There is no need for insecurity in the face of supporting Supreme Court precedent.
On November 22, 2008, Justice Scalia addressed the Federalist Society, stating:
“Natural law has nothing to do with originalism. I mean, I believe in natural law, but unfortunately I have no way to show or demonstrate that my understanding of it is the same as yours, or is the same as anybody else’s. I don’t enforce natural law. I suppose God enforces natural law. I enforce United States law. United States law should not contravene natural law, but that’s not my problem… I worry about, ‘What does this text mean?’ ” (Emphasis added.)
Earlier in that same speech, Justice Scalia stated:
“What has happened can only be compared to the naive belief that we used to have in the common law… Erie Railroad, you know, blows that all away… and we sort of chuckle at how naive the world could have been ever to have thought there was a common law…”
Do not get sidetracked by extraneous theoretical sources. We have United States Supreme Court precedent which defines a natural-born citizen – under Article 2 Section 1 – as a person born on US soil to parents who were citizens. Neither Obama nor McCain fit that definition. Neither are eligible to be President.
While some may argue McCain was eligible based upon a reference to Vattel, McCain simply does not fit the strict US Supreme Court definition of natural-born citizen as defined in Minor. To fashion an exception for McCain not found in the actual text from Minor is purely partisan and unfair.
Unlike others commenting on eligibility, I have always maintained that both McCain and Obama were not eligible. I brought my law suit all the way to the Supreme Court – prior to the election – arguing against both candidates’ eligibility. I was the first person to raise this issue with the American people. And I hold them both accountable for the damage done to our Constitution as a result of neither having more concern for the nation than they did for themselves.
Leo Donofrio, Esq.
*****************************************
I hope this clarifies the issue for you.
I’m old enough to remember when the Republican Party seriously considered amending the U.S. Constitution eligibility requirement so that Henry Kissinger (born in Germany) or Arnold Schwarznegger (born in Austria) could run for President. Thank God they didn’t do that and reason prevailed.
As recently as 2006 there was a paper written by Sarah Herlihy claiming that the ‘natural born citizen’ requirment was stupid and prevented the U.S. from being part of the Globalism movement. THAT gave away the real intent of so-called Progressives; that United States sovereignty was a constraint on the establishment of a socialist Global government.
A Cuban descended resident of Miami is somehow a minority the mind does boggle amazing what Yankees who have obviously never stepped foot in Miami will believe. I used to work in Miami and had to find something else because my Spanish was not good enough to get directions or order lunch.
There are less than 2 million Cubans in America. Out of a total population of about 300 million. So outside of Miami, he’s a minority. And that’s why he’s a prospective VP. To court that Latino vote.
I repeat, the CHIEF JUSTICE DECLINED to resolve the issue and SPECIFICALLY said they would not need to do so because it was not relevant to the case. THEY DID NOT RULE THAT THERE IS ONLY ONE DEFINITION OF NATURAL BORN CITIZEN.
Don’t believe it. I don’t care. But it is in the case.
And
YES, Nguyen is relevant because the oral arguments show you what the Justices are thinking and it also shows you that IT IS NOT SETTLED LAW.
They discuss Jus Soli, Jus sanguinis and the ability to run for President.
It is LUDRICOUS for ANYONE to claim this is settled law.
“McCain had to be born on American soil. You could probably make that case if he was born on the base, but he was born off base.”
Not even then. U.S. militarily installations around the world are not U.S. property.
I have lived in the Rep of Panama for most of my life…I was born here….and am more than up to date with this lizard. He can claim his Panamanian citizenship anytime he wants. Even if he doesn’t, he is a dual citizen as well as I am.
Because R. was born in the U.S. of parents who were Cuba citizens at the time, this makes him a dual citizen even if he hasn’t officially claimed his Cuban citizenship as McCain has never claimed his Panamanian citizenship although McCain is also dual.
Wow. You have no answer! Can’t say I’m surprised!
David Osbourne's buddy, Dr. Shoofly?
Yes he is. The Birth Bozos can't wait to jump into these threads.
Good luck trying to talk common sense and law to the Birth Bozos. Their minds are set in cement and they will sink to the depths of ignorance clinging to their incorrect notions.
The question contains a false premise. There is no “difference.”
What is surprising is your misreading of a footnote of American history.
Preposterous.
McCain is no such thing.
He was born in the Canal Zone, which at the time was US soil.
From under what rock do these people come from ?
I agree. I voted for Marco, but I'm still leery of him because he voted for and championed a "green" energy bill for the state of Florida -- The 2008 Energy and Economic Development Legislation (HB 7135)-- when he was speaker.
Among other deplorable “green” initiatives, HB 7135 requires “major” emitters to report emissions through the Florida Climate Registry and calls for the development of a cap-and-trade system to regulate greenhouse gas emissions in the state of Florida.
The cap and trade/green legislation was RINO Charlie Christ's "pet project." Rubio worked with him to push it through and Christ praised Rubio for doing so.
Needless to say, I am very leery of Rubio. He gives great speeches, but I'll judge him on his actual record, not on his words. We shall see.
ineligible bump
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