Marco Rubio and the Coming Conservative Revolt

In the immediate wake of the election, Republicans felt so stunned — in no small part because they had deluded themselves into expecting victory — that it seemed momentarily possible that the party’s long march to the right may halt or even reverse. But the future of the party is already taking shape, and that future will be, in some form or fashion, a conservative reaction against the Republican leadership that has sold them out. The smarter Republicans have already shaken off the trauma of electoral defeat and begun positioning themselves to capitalize.

One important indication comes from National Review Washington editor Robert Costa, who writes today about Tom Price. You may not have heard of Price, but the conservative House member is conferring with Grover Norquist and right-wing members of the House, and setting himself up to challenge John Boehner in the event of a budget deal. Boehner earlier this year offered Price a leadership position on the condition that he offer full support to Boehner, a condition Price tellingly rejected. Costa quotes a Price ally, who hilariously tells him Price “is hoping for the best, hoping taxes don’t go up with any fiscal-cliff deal.” This is hilarious because this is tantamount to saying Price is hopeful the sun won’t rise tomorrow morning, but if it does, he may have to challenge Boehner.

But the truest indicator of the future of the party is Marco Rubio. The most unabashed of the 2016 candidates, Rubio is extremely skilled at discerning what his party wants and positioning himself as the man to give it to them. Last week, Rubio spoke at a party event in New York Washington, a speech that prompted New York Times columnists David Brooks and Ross Douthat, whose defining trait is to always see a Republican moderate around the corner that never arrives, confidently predicted a Republican moderation yet again. Each cited Rubio’s speech, a paean to the party’s future as the shining beacon of hope for Latinos, the poor, and other problematic constituencies.

As always, there were caveats. Both columnists noted in passing that the great new moderation they foresaw was as yet entirely confined to rhetoric. (Douthat: “The speech didn’t offer the kinds of policy breakthroughs the party ultimately requires.” Brooks: “Some of the policies he mentioned were pretty conventional.”)

Well, yes, the fact that Rubio was merely wrapping party dogma in pleasant-sounding rhetoric is a wee problem in the analysis. And over the last few days, Rubio’s approach has grown more clear. On the budget, Rubio delivered the Republican weekly radio address, and his message was more of the old-timey religion: We must get the national debt under control. Tax increases will not solve our $16 trillion debt. Only economic growth and a reform of entitlement programs will help control the debt.

This is the classic Republican metaphysical dodge, which not only argues for keeping taxes as low as possible but refuses to acknowledge that revenue bears any relationship at all to deficits. Deficits equal spending! Two legs bad, Reagan good! On immigration, meanwhile, Rubio is carefully positioning himself to oppose any potential deal. He is not coming out and immediately throwing his body in front of the legislative train. Rather, he pleads that we must not try to do everything at once and should instead try to reform immigration “step by step.” Of course, “step by step” is exactly the catchphrase Republicans used to oppose health-care reform. It’s a way of associating yourself with the broadly popular goal of reform while giving yourself cover to oppose any particular bill that has a chance to pass. You’re not against reform, you’re against this reform. It’s too much, too fast.

It’s not coincidental that Rubio is speaking out on these two issues. They’re the two most plausible issue areas where President Obama is likely to sign major bills — and, as a result, the two areas where conservatives are nearly certain to conclude that their party’s leadership betrayed them. The anger of the base may or may not be strong enough to prevent Republicans in Congress from striking a deal. But it will surely be strong enough to shape the party’s internal decisions — no Republican who acquiesces on the budget or immigration will be eligible to lead the party in the future. Price and Rubio see that already, and others will surely follow.

Supreme Court cases that cite “natural born Citizen” as one born on U.S. soil to citizen parents:

The Venus, 12 U.S. 8 Cranch 253 253 (1814)

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.

Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)

Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.

Dred Scott v. Sandford, 60 U.S. 393 (1857)

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 natural-born citizens, are those born in the country, of parents who are citizens. As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .

Minor v. Happersett , 88 U.S. 162 (1875)

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.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

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.

Perkins v. Elg, 307 U.S. 325 (1939),

Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.

But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

http://www.art2superpac.com/issues.html#Supreme%20Court

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