The last two blog messages re Marco Rubio have brought many additional points like "is Marco Rubio a natural born Citizen eligible to be VP or Pres?" Facts - Marco was born in Miami to Cuban immigrant parents who became citizens four years after Marco's birth.
I would like to read the analysis of the many subscribers who regularly quote the Constitution to me as to whether or not Marco is OK as VP per the Constitution. Until yesterday I was unaware this topic was so prevalent on the internet.
Since Marco has not been nominated for VP please consider another comment that seemingly poses more of an immediate dilemma – "
Doug - I am reminded of the old line about capitalism; Capitalism is filled with flaws and abuses. But it is vastly superior to any other system ever attempted. Is Romney perfect? No. Is Rubio perfect? No. Are any of your members NOT going to vote for Romney / Rubio (if that is what it comes down to)? Doubtful. If they abstain, it will be a de facto vote for Obama. The 'Conservative' Republicans had their shot & it didn't pan out in the primaries. R & R would still be vastly superior to BO & JB. Call them out on issues you don't agree with. If they are voting wrong more often than you would like, replace them in primaries. That is the only term limit we need. Otherwise, you have to play the hand you are dealt."
I personally don't want to settle for "vastly superior" to a communist – this is how we got into the mess we are in in the first place. I would not have voted for the McCain ticket in 2008 until he selected Palin for his running mate as VP – I voted for her. The only ones from the primaries with positions you can believe (based on years of consistency) are Ron Paul, Michele Bachmann, & Gary Johnson. I ran posts on all of the others showing their inconsistencies & baggage. With Mitt you do not know what you are going to get. I have been impacted by Democrat Mary Anne Marsh who said she has followed Mitt for eighteen years & he has been on every side of every issue during that time. She is right. I can't believe the Republicans are nominating Mitt. If this is the most important election of our lifetime where in the world is the A Team?
This brings us to the issue that really counts - if we don't have a change in mindset in this country it does not matter which one is president because BO or Mitt – either one - will continue us down the road to ruination.
Do you think we would have had that needed mindset change if McCain or Hillary had been elected president in 2008 or would they have tinkered around the edges of many issues that always resulted in an expanded government? The other Final Four candidate from 2008 would have made the difference we need – with Mike Huckabee as president we would have the FairTax enacted into law by now & not the government-dependent ObamaCare that far too many establishment Republicans are finding more & more to like every day.
The meaning of Natural Born Citizen used in AMERICA at the time that the US Constitution was written in Philadelphia referred to citizenship due to the place of birth. ONLY the place of birth. Not the parents. Only the place of birth.
ReplyDelete“Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are “natural born citizens” and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are “natural born citizens” eligible to serve as President …”—- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) [Edwin Meese was Ronald Reagan’s attorney general, and the Heritage Foundation is a well-known Conservative organization.]
“What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing on OCTOBER 5, 2004)–Senator Orrin G. Hatch (R-UT).
Here is an example of how the term Natural Born Citizen was used at around the time that the Constitution went into effect, in 1803:
“Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it. The first, by their birth-right, became entitled to all the privileges of citizens; the second, were entitled to none, but such as were held out and given by the laws of the respective states prior to their emigration. …St. George Tucker, BLACKSTONE’S COMMENTARIES: WITH NOTES OF REFERENCE TO THE CONSTITUTION AND LAWS OF THE FEDERAL GOVERNMENT OF THE UNITED STATES AND THE COMMONWEALTH OF VIRGINIA. (1803)
As you can see, there is no mention of parents. Natural Born Citizens were “those born within a state.” And here is how it was used in 1829:
“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”—William Rawle, A VIEW OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA. 2d ed. (1829)
That’s just a few of the opinions, which stem from the key US Supreme Court ruling, Wong Kim Ark, which ruled that EVERY child born in the USA, except for the children of foreign diplomats, is Natural Born.
And there have been LOTS of lower-court rulings, all stemming from the Wong Kim Ark ruling, which have stated that the US-born children of foreigners are Natural Born Citizens, due to their natural birth, birth in America.
Mustata v. US Dept. of Justice, 179 F.3d 1017 (6th Cir. 1999) (children born in US to two Romanian citizens described as “natural born citizens” of the US):
“Petitioners Marian and Lenuta Mustata are citizens of Romania. At the time of their petition, they resided in Michigan with their two minor children, who are natural born citizens of the United States.”
Diaz-Salazar v. INS, 700 F.2d 1156 (7th Cir. 1983) (child born in US to Mexican citizen is “natural born citizen” of US):
“Petitioner, Sebastian Diaz-Salazar, entered the United States illegally [from Mexico] in 1974 and has been living and working in Chicago since that time. *** The relevant facts which have been placed before the INS, BIA, and this court can be summarized as follows: The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States.”
With Florida’s ruling, announced today, there have now been five state courts and one federal court that have ruled specifically on Obama that the meaning of Natural Born Citizen comes from the common law and refers to the place of birth and that all children born in the USA are Natural Born Citizens except for the children of foreign diplomats. In addition, there was one case about McCain, Hollister v. McCain, that ruled the same way. All of these rulings are based on the Wong Kim Ark US Supreme Court case.
ReplyDeleteHere is the Florida ruling:
http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=58101756&jiscaseid=&defseq=&chargeseq=&dktid=20039029&dktsource=CRTV