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Birthers say Marco Rubio is not eligible to be president
St. Petersburg Times ^ | October 20, 2011 | Alex Leary

Posted on 10/20/2011 1:47:23 AM PDT by Cincinatus' Wife

Unable to prevent Barack Obama from becoming president, rigid followers of the Constitution have turned their attention to another young, charismatic politician many think could one day occupy the White House.

The birthers are calling for U.S.Sen. Marco Rubio, the budding Republican star from Florida.

"It's nothing to do with him personally. But you can't change the rules because you like a certain person. Then you have no rules," said New Jersey lawyer Mario Apuzzo.

Forget about allegedly Photoshopped birth certificates; the activists are not challenging whether Rubio was born in Miami. Rather, they say Rubio is ineligible under Article 2 of the Constitution, which says "no person except a natural born citizen … shall be eligible to the Office of President."

The rub is that "natural born citizen" was never defined.

[snip]

"It's a little confusing, but most scholars think it's a pretty unusual position for anyone to think the natural born citizen clause would exclude someone born in the U.S.," said Polly Price, a law professor at Emory University in Atlanta who specializes in immigration and citizenship.

Price said natural born was likely drawn from the concept that anyone born in what was once a colony was considered a subject and parental status was not a factor.

But there is sufficient muddiness to fuel the birthers, many still angry with the Republican establishment for not taking their case against Obama more seriously. Rubio was among them, saying he did not think it was an issue.

"The other shoe has dropped," conservative figure Alan Keyes said on a radio program last month. "Now you've got Republicans talking about Marco Rubio for president when it's obviously clear that he does not qualify. Regardless of party label, they don't care about Constitution. It's all just empty, lying lip service."

[snip]

(Excerpt) Read more at tampabay.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Florida
KEYWORDS: alankeyes; birther; chesterarthur; citizenship; florida; ineligibleromney; marcorubio; mexicanromney; naturalborn; naturalborncitizen; romneynoteligble; rubio; rubio2012
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I've seen some sparing over this issue on FR.

This is long article about the history of this controversy.

1 posted on 10/20/2011 1:47:33 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

There is no sparring. National law is national law. I strongly suggest you read the whole article written by Leo Donofrio to get a better idea about what is happening on this issue.

See:

Multiple Instances Of Historical Scholarship Conclusively Establish The Supreme Court’s Holding In Minor v. Happersett As Standing Precedent On Citizenship – Obama Not Eligible.

http://naturalborncitizen.wordpress.com/2011/10/09/multiple-instances-of-historical-scholarship-conclusively-establish-the-supreme-courts-holding-in-minor-v-happersett-as-standing-precedent-on-citizenship-obama-not-eligible/


2 posted on 10/20/2011 1:56:16 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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Cool.

It will much harder for the MSM to paint Rubio as a darling of the far right.

He will be President soon enough.

There is no sparring.

He was born here, he can and will become President some day.


3 posted on 10/20/2011 2:05:16 AM PDT by Reaganez
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Cool.

It will much harder for the MSM to paint Rubio as a darling of the far right.

He will be President soon enough.

There is no sparring.

He was born here, he can and will become President some day.


4 posted on 10/20/2011 2:05:30 AM PDT by Reaganez
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To: Cincinatus' Wife

Ronald Reagan’s Grandmother was born in Canada, he may not have been a natural born citizen.


5 posted on 10/20/2011 2:12:02 AM PDT by nickcarraway
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To: Cincinatus' Wife

“Birthers” my backside.

There is no debate about where Marco was born (Miami in 1071)...the controversy has to do with his parents’ failure to get themselves naturalized until 1974.

Marco is a good man and a superb talent I was among the first to back him against Crist but according to the understanding of the Founders of “NBC,” he is clearly ineligible to be president or vice president.

Only a constitutional amendment would change that.

Either we take a constitutional view or a crass political view. I’ve made up my mind. The Constitution rules, always.


6 posted on 10/20/2011 2:16:34 AM PDT by Scanian
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To: SatinDoll

“...rigid followers of the Constitution...”

What is it that these people do not get. What is the oath taken by nearly everyone in governmentf “service”. “I swear to defend the Constitution of the United States...”

You don’t get to pick just the parts you like. That job is being handled by the Dems, way to many Republicans, and far too often, the SCOTUS. To say Rubio is elgible, you have to say Obama is elgible.


7 posted on 10/20/2011 2:21:28 AM PDT by David Isaac
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To: Reaganez

NOPE. You’re wrong.

He was born here, his parents were legal residents, that makes him a native born citizen.

See: United States Citizenship and Immigration Service - Citizenship

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD

There are three types of statutory citizenship recognized by the government:

-native born (jus solis) - born in the U.S.A.

-citizenship from parents (jus sanguinis) - derived from parents when born overseas

-naturalized - foreign national applies for citizenship

All three types of citizenhip have equal rights. All three can serve in the U.S.Congress, either in the House or Senate.

Natural born citizen is NOT a statutory type of citizenship nor is it recognized as such by the U.S. government.

It only appears in the U.S.Constitution as an eligibility requiremnet to be President.

The Presidency requires one to be a natural born citizen, that is born in the U.S.A. of citizen parents (jus solis plus jus sanguinis).

There is legal precedent in Minor v. Happersett (1875).

“The citizenship issue decided in Minor v. Happersett has been documented as precedent by multiple sources of legal scholarship...the Supreme Court issued two holdings in Minor; one on citizenship and the other on voting rights. That the citizenship issue is precedent, and not dictum, has never been questioned in our national history until now,..that for over a century before the appearance of Obama, Minor was recognized and cited as precedent on the definition of federal citizenship.”

Leo Donofrio - http://www.naturalborncitizen.wordpress.com


8 posted on 10/20/2011 2:23:23 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: nickcarraway

RR’s parents were U.S.citizens. His grandparents do not matter.


9 posted on 10/20/2011 2:24:53 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: David Isaac

I know, David.

There are a group within the U.S. that views our nation’s exceptionalism as a barrier to Global government. So little by little they are trying to breakdown those peices which prevent the nation from being dragged down to the level of the rest of the world.

Destroying the U.S.Constitution is a major piece of their plan. By enticing Republicans into drafting Rubio, who isn’t NBC, into running for the VP slot, those Globalists hope to break the Constitution down into confetti.


10 posted on 10/20/2011 2:31:32 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: Cincinatus' Wife

Well, duh! Love Marco Rubio, but he’s not qualified, and neither is Bobby Jindal.


11 posted on 10/20/2011 2:33:29 AM PDT by afraidfortherepublic
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To: Cincinatus' Wife

I do not consider myself a birther but rather a Constitutionalist.

The title of the article is a put-down, in my opinion, of a great many patriotic men and women who’ve proudly served this nation and died to uphold its tenets.

I did read the article and the comments. Truly appalling, the extent of public ignorance concerning this issue.


12 posted on 10/20/2011 2:36:28 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS U.S.A. PRESIDENT)
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To: Cincinatus' Wife

I am a birther and I say Rubio is eligible.


13 posted on 10/20/2011 2:38:32 AM PDT by zeebee
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To: Cincinatus' Wife

LOL, a 35 year projection for the weather?

GTFOH!! They can’t get the weather right 35 hrs in advance much less 35 years.


14 posted on 10/20/2011 2:52:04 AM PDT by 101voodoo
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To: 101voodoo

apologies to all for somehow posting this in the wrong thread.

Have no idea how this happened, must be losing it.


15 posted on 10/20/2011 2:56:40 AM PDT by 101voodoo
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If Marco Rubio wants to run for anything he can. All he needs are votes.

If you say he is ineligible you will have to prove it in a court of law.

Until that happens he can do what he wants.

The courts have (and probably will not) ruled on Obama ....he is therefore eligible to be President.


16 posted on 10/20/2011 2:59:26 AM PDT by woofie
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To: zeebee
I am a birther and I say Rubio is eligible.
Then you are wrong.
17 posted on 10/20/2011 3:01:11 AM PDT by guardian_of_liberty (We must bind the Government with the Chains of the Constitution...)
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To: FReepers; everyone; All


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18 posted on 10/20/2011 3:02:21 AM PDT by onyx (You're here on FR so, support it! Compiling New Sarah Palin Ping List! Tell me if you want on it!)
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To: woofie

correction:

The courts have not ruled on Obama (and probably will not) ....he is therefore eligible to be President. In fact he is President ....a terrible one but still a President


19 posted on 10/20/2011 3:03:29 AM PDT by woofie
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To: Reaganez

No he won’t.


20 posted on 10/20/2011 3:05:12 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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