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To: chopperman
Rubio meets all qualifications to run for the presidency. To suggest otherwise is delusional.
68 posted on 01/27/2013 4:32:26 PM PST by Eric in the Ozarks (In the game of life, there are no betting limits)
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To: Eric in the Ozarks; Rannug

Three types of citizenship, all statutory, are recognized by our government: native born; naturalized; and citizen-by-statute (derived citizenship from parents). All have equal rights. All can serve in Congress, either as a Representative in the House, or as a Senator in the Senate.

The following link will take you to the government’s own Immigration Service web page describing citizenship.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD

Natural born Citizen is NOT a type of statutory citizenship. Natural born is ONLY an eligibility requirement for the U.S. Presidency per Article II, Section 1, clause 5, of the U.S. Constitution, and requires, as per the Founders, the President to be born in the United States (jus solis) AND of two citizen parents (jus sanguinas).

The definition of natural born Citizen appears in the holding of SCOTUS’s unanimous decision of Minor v. Happersett (1874).

Virginia Minor, a Suffragette, sued to be included as a candidate for U.S. President based on her eligibility under the 14th Amendment to the U.S.Constitution.

SCOTUS rejected her argument and examined her eligibility, concluding that she belonged to the class of citizens who, being born in the U.S. of citizen parents, was a natural born Citizen, and not covered by the 14th Amendment. This holding has been used in 25 consequent SCOTUS decisions since 1875.

No one has the RIGHT to be President.

The eligibility requirement of natural born Citizenship (jus solis + jus sanguinas: born in the U.S. of U.S. citizen parents) must be viewed as a means to prevent split allegiance for any President of the United States.

The following is often used to support people like Rubio who seek to be President, but it was superceded centuries ago and is a false argument.

“The First U.S. Congress included in the 1790 Immigration & Naturalization Act language to alert the State Department to the fact that Americans born abroad are (“natural born” citizens” and are not to be viewed as foreigners due to foreign birth. They were not granted citizenship via that US statute rather their automatic citizenship was stated as a fact that must be recognized by immigration authorities. They were not citizens by any other means than natural law, and statutory law was written to insure that their natural citizenship was recognized.”

This is not a reasonable explanation. It fails to recognize that Congress only has powers over naturalization. Congress has no power to define “natural born Citizen”, which has nothing to do with naturalization. Furthermore, if Congress wants to tell the State Department something, they don’t have to enact legislation to do it.

But more important is that all of the following naturalization acts, 1795, 1802, etc., were also passed to naturalize the children of U.S. citizens born abroad. And the words “natural born” were repealed in the 1795 Naturalization Act and never returned again.


70 posted on 01/27/2013 4:51:08 PM PST by SatinDoll (NATURAL BORN CITZEN: BORN IN THE USA OF CITIZEN PARENTS.)
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