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Rubio lawyers swat down 'birther' challenge
The Hill ^ | 01/14/2016 | Ben Kamisar

Posted on 01/14/2016 11:29:42 AM PST by GIdget2004

Marco Rubio's lawyers are defending his eligibility to run for president in a quixotic legal challenge that alleges he isn't a natural-born citizen.

A Florida voter filed the suit, which claims that the senator isn't a true "natural-born citizen" under the Constitution because his parents were not both U.S. citizens at his birth in Miami.

The challenge occurs as 2016 rival Ted Cruz has been thrust into the spotlight by repeated "birther" challenges by party front-runner Donald Trump and other critics because the Texas senator was born in Canada.

So far, only Cruz has faced significant questions from those challenging his natural-born status. But the legal brief shows Rubio's lawyers trying to cut down the accusations at an early level.

The 34-page document, first disclosed by the Tampa Bay Times, casts aside the claim, noting that under the voter's logic "at least six other Presidents of the United States were not natural born citizens and were therefore ineligible for that office."

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


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: ineligible; naturalborncitizen
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To: mad_as_he$$; RummyChick

Sorry about the “YES” wasn’t yelling. Adult Beverages excuse.


141 posted on 01/15/2016 1:30:50 PM PST by mad_as_he$$ (I think Hillary looks tired, don't you?)
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To: unlearner
Boyd v. Nebraska ex Rel. Thayer 143 U.S. 135 (1892)Naturalization is the act of adopting a foreigner and clothing him with the privileges of a native citizen, and relator's position is that such adoption has neither been sought nor obtained by respondent under the acts of Congress in that behalf.
142 posted on 01/15/2016 1:41:14 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: philman_36

Chuckle...it’s like having a conversation with Al Gore....


143 posted on 01/15/2016 1:42:47 PM PST by WhiskeyX
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To: No Dems 2016
See WhiskyX remarks at post 140
144 posted on 01/15/2016 1:43:51 PM PST by Cboldt
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To: Cboldt

Thanks.


145 posted on 01/15/2016 1:47:47 PM PST by No Dems 2016
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To: unlearner
A VIEW OF THE CONSTITUTION OF THE United States of America. BY WILLIAM RAWLE, LL.D.

CHAPTER IX. Of the Enumerated Powers of Congress

The mode by which an alien may become a citizen, has a specific appellation which refers to the same principle. It is descriptive of the operation of law as analogous to birth, and the alien, received into the community by naturalization, enjoys all the benefits which birth has conferred on the other class.

I hope those help you better understand what that phrase means.

146 posted on 01/15/2016 1:51:00 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: WhiskeyX
Poor Al, his globull warning deadline is fast approaching.
147 posted on 01/15/2016 1:52:30 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: philman_36

Should we build CO2 emitting bonfires, party and cavort, take photos, and post them on Twitter in celebration of our survival?


148 posted on 01/15/2016 2:03:03 PM PST by WhiskeyX
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To: WhiskeyX
I'll celebrate with lighting "The Blue Flame" in his honor.
149 posted on 01/15/2016 2:11:38 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: philman_36

“That means that those naturalized under the act would have the same protections under the law as a natural born citizen did, not that they became a natural born citizen through the passage of the law.”

Oh. So the founders who ratified the Constitution 18 months earlier were ambiguous? Re-read and repeat until it sinks in.

“Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States.”

The term “considered as” is used to define both naturalized citizen and natural born citizen.

All of your bold letters, condescension, mocking and other obtuse discourse will never make up for your lack of logic and facts to support your opinion.

So save your silly “you’ve got to be kidding me”, are you really that “simple minded” comments for yourself. Go look in the mirror. The majority of legal scholars share my opinion. So, even if it my opinion can be demonstrated to be wrong, it is not some silly argument that you make it out to be. However, your arguments continue to lack substance.


150 posted on 01/15/2016 2:39:50 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: bushpilot2
 photo image_zpsxnhojfjd.jpeg  photo image_zpsdiv8s3or.jpeg
151 posted on 01/15/2016 2:44:31 PM PST by bushpilot2
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To: unlearner
So, even if it my opinion can be demonstrated to be wrong, it is not some silly argument that you make it out to be.

Thanks for the laugh. Best I've had all day.

152 posted on 01/15/2016 2:49:08 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamiin Franklin)
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To: philman_36

And still nothing you posted supports anything other than my stipulation that a natural born citizen is someone who is a citizen at birth and a naturalized citizen is someone who becomes a citizen later.

Citizen at birth can be based on the parents’ citizenship or on the location of birth or both of these factors. But Congress clearly has the Constitutional authority to determine when and if citizenship is established at birth by whatever criteria becomes law. So, if the law so declares, Indians born within the US were not necessarily citizens. And children born outside of the US could be citizens at birth based on one or both of their parents being a citizen. The 1790 act makes it clear that children born abroad were only natural born citizens if their father had been a resident of the US as specified.

Without getting into maternal versus paternal citizenship, this would have the typical effect that people like Cruz would be natural born citizens, but his children would not be unless he moved to the US. If he had remained in Canada until they were born and then moved here, they would have to naturalize to be citizens. Of course the 1790 law was only in force for five years and is not applicable to Cruz. I am just using his case as an example.


153 posted on 01/15/2016 2:50:07 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: philman_36

Oh. I had not thought of that argument. Maybe I should reconsider my opinion. No, wait, laughing is not making a case. Maybe it is because the person laughing is trying to hide his insecurities and inability to form a coherent argument.

Do you do drugs? Maybe the idea that experts overwhelmingly disagree with you seems funny when you are high on something.


154 posted on 01/15/2016 2:53:41 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: unlearner
 photo image_zpscwekop9t.jpeg  photo image_zpsnbbj6d4r.jpeg
155 posted on 01/15/2016 3:04:27 PM PST by bushpilot2
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To: bushpilot2

Your point?


156 posted on 01/15/2016 3:08:52 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: unlearner
 photo image_zpsaduicgze.jpeg
157 posted on 01/15/2016 3:14:12 PM PST by bushpilot2
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To: unlearner
 photo image_zpspwrkqi3w.png  photo image_zpsrcv56q8c.png
158 posted on 01/15/2016 3:17:24 PM PST by bushpilot2
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To: unlearner
Immigration and naturalization service Jan 2016  photo image_zpsrad95fyo.jpeg
159 posted on 01/15/2016 3:20:37 PM PST by bushpilot2
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To: bushpilot2

Again, rather than spamming the forum and me particularly, do you have a point?


160 posted on 01/15/2016 3:38:51 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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