Marco Passes Constitutional Checks

The subscriber who asked in the last blog posting "is Marco Rubio a natural born Citizen eligible to be VP or Pres?" was not looking for trouble but rather wants to head trouble off after all of BO's "birther" controversies of the last four years.

 

I provided the facts (Marco was born in Miami to Cuban immigrant parents who became citizens four years after Marco's birth) & challenged readers to provide their own analysis as to whether Marco meets the eligibility requirements of the Constitution to be VP.

 

Before checking the Constitution we can call on knowledge gained from the birther matter - The most prominent issue raised against BO was the claim that he was not actually born in the United States (Hawaii) but rather in Kenya – thus ineligible to be President of the United States.  All of the birther constitutional controversy centers around BO's place of birth.  The point that applies to Marco is that he was unquestionably born in Miami.  After four years of intense scrutiny re what the Constitution says about birthplaces Marco's Miami birthplace should satisfy both right & left groups & every one in the middle that Marco meets the natural born Citizen requirement of the Constitution.

 

Thanks to two anonymous readers from the internet who did provide below the requested constitutional analysis.  I always learn when people contribute like this – thanks again.  My own analysis is the same as Response #1 – since I use the same Heritage Foundation reference book.  Marco does meet the natural born Citizen requirement of the Constitution per this analysis.

 

With re to other possible eligibility issues Marco meets the age requirement (he is 41), he has lived in America more than 14 years, & most importantly to me for more than one reason, he is subject to the jurisdiction of the United States.  Marco's parents were legally admitted to America for permanent residency in May 1956 & became citizens in 1975 four years after Marco's birth meaning Marco meets the complete & allegiance owing requirement of any citizenship check.

 

The Twelfth Amendment, ratified in 1804, makes clear that the President & Vice President have the same eligibility requirements.

 

The last several messages have shown great interest re Marco Rubio.  Please do not forget the larger point – namely, if we don't have a mindset change away from government dependence it will not matter whether Mitt & Marco or I hate to say BO & Biden win the November election.  

 

---Response #1---

 

Since the meaning of natural born Citizen refers to the place of birth, not to the parents, Rubio is a natural born Citizen.

"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.]

 

---Response #2---

 

I am glad that you have stated that you are a libertarian. One of the libertarian principles, a principle of civil rights, is that someone cannot be forbidden from doing something unless there is a specific law that says that it is illegal.

Well, the U.S. Constitution never says that the U.S. born children of foreigners are forbidden to be vice presidents or even presidents. Under strict construction principles also, unless a law specifically says something, it is not the law. Well, there is nothing in the Constitution that bars the U.S.-born children of foreigners from becoming president.

In addition to these two principles, historical research shows that the meaning of natural born Citizen comes from the common law and refers to the place of birth, not the parents.