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Dead Constitution
See other Dead Constitution Articles

Title: Rubio autobiography proves he's not eligible for VP?
Source: WND
URL Source: http://www.wnd.com/2012/06/rubio-au ... roves-hes-not-eligible-for-vp/
Published: Jun 19, 2012
Author: Jerome R. Corsi
Post Date: 2012-06-19 09:08:18 by ndcorup
Keywords: None
Views: 296
Comments: 14

>

Rubio autobiography proves he's not eligible for VP?

Senator provides evidence, according to lawyers challenging Obama

by Jerome R. Corsi

MIAMI BEACH, Fla. – In a generally well-written autobiography being released Tuesday, Sen. Marco Rubio, R-Fla., proclaims his love for his wife and family, his belief that God directs all aspects of his life and his passion for the Miami Dolphins.

But if the arguments presented in dozens of legal cases challenging Barack Obama’s eligibility are correct, “Marco Rubio: An American Son” also provides the information needed to determine the Florida senator is not a natural-born citizen, a constitutional requirement for the presidency.

On page 24, Rubio writes:

“I was born on May 28, 1971. My sister, Veronica, was born the following year. My mother and father were starting over again as parents in the country they now called home (the U.S.).”

The next paragraph makes clear that Rubio’s parents were both Cuban citizens, not United States citizens, when he was born:

“My parents had lived in America for nearly two decades. It was clear that Cuba had become a thoroughly totalitarian state, and would likely remain so for some time. They had endured many disappointments, and their lives would never be easy. But slowly and surely they made a better life for our family than they had had as children, or could have ever been possible for them in Cuba. Three of their children were born Americans. Mario [the Senator’s older brother, born in Cuba] had naturalized after returning from the army. And in 1975, they, too, became citizens of the United States.”

As WND reported, attorney Larry Klayman argued today before Florida Circuit Court Judge Terry Lewis in the presidential eligibility case brought by Democrat voter Michael Voeltz that Article 2, Section 1 of the Constitution requires a person eligible to be president to be born to parents who are each U.S. citizens at the time of the birth.

That definition of natural-born citizen would clearly disqualify Rubio from running either for president or vice president.

<<<<<<< SNIP >>>>>>>> 

However, when the first U.S. Congress had the opportunity to weigh in on the term natural-born citizen – in the Naturalization Act of 1790 – the lawmakers regarded it as a child born of two American parents. The act also specified that a natural-born citizen need not be born on U.S. soil.

The law stated:

The children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.

The first U.S. Congress, which approved the Naturalization Act of 1790, included 20 delegates to the Constitutional Convention. Among the 20 were eight members of the Committee of Eleven that drafted the Constitution’s natural-born citizen clause.

While the act was repealed five years later, it, nevertheless, represented the will of the Congress that the U.S. not be led by someone whose loyalty could be divided because of parentage.

Rep. John Bingham of Ohio, a principal framer of the Fourteenth Amendment, affirmed in a discussion in the House on March 9, 1866, that a natural-born citizen is “born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty.”

MORE ------ http://www.wnd.com/2012/06/rubio-autobiography-proves-hes-not-eligible-for-vp/

>


Poster Comment:

IF Rubio is picked as VP candidate, that will cause MANY "Birthers" to vote for "anybody but"! I'll be one of them. Rubio is very competent. But the Constitution MUST be reasserted! -------------------------------------------------------------------------------- "If we don’t adhere to the Constitution on matters as significant as presidential eligibility, then the Constitution ceases to be a meaningful document for guiding our nation."

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Begin Trace Mode for Comment # 12.

#4. To: ndcorup (#0)

The notion that a "natural born citizen" requires two citizen parents is an error, already rejected by the courts. Therefore, Rubio is eligible.

Don't know Klayman's claim to legal expertise. Do you think he has a better grasp of the Constitution than Chief Justice Charles Evans Hughes??

Shoonra  posted on  2012-06-19   11:40:30 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Shoonra (#4)

Don't know Klayman's claim to legal expertise. Do you think he has a better grasp of the Constitution than Chief Justice Charles Evans Hughes??

Chief Justice Charles Evans Hughes...who was himself an ineligible candidate for the office of President because his parents were British subjects. What's your point about him?

GreyLmist  posted on  2012-06-21   1:21:57 ET  Reply   Untrace   Trace   Private Reply  


#7. To: GreyLmist (#6)

First and foremost, CJ Charles Evans Hughes, born in NY to two non-citizen parents, was nominated by the Republicans to run against Woodrow Wilson in 1916. I am sure that Hughes would not have done so, and the Republicans would not have nominated him, unless they were all confident that Hughes's birth in NY was sufficient, without his parents being citizens, to make him a natural born citizen. Since Hughes was Chief Justice of the United States, and Klayman isn't, I think the conclusion is obvious. The fact that the Republican Party -- even then heavily loaded with bigshot lawyers -- was also OK about it is also significant.

Anyway, this latest attempt at birther insurgency - the Voeltz lawsuit in Florida - was dismissed with finality on June 29th.

www.scribd.com/doc/990259...-29-Voeltz-v-Obama-order- dismissing-amended-complaint

The court held, among other things, that: (1) "natural born citizen" means born in the US without any regard for the citizenship (or lack thereof) by either or both parents; and
(2) the State official responsible for the ballots is not required - in fact, is not authorized - to make inquiries into the eligibility data provided by the party certifying its nominee for President.
Therefore, Obama is a natural born citizen and the State Secretary of State is not supposed to second guess that or demand any particular proof of that.

Shoonra  posted on  2012-07-03   18:11:08 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Shoonra, All (#7)

First and foremost, CJ Charles Evans Hughes, born in NY to two non-citizen parents, was nominated by the Republicans to run against Woodrow Wilson in 1916. I am sure that Hughes would not have done so, and the Republicans would not have nominated him, unless they were all confident that Hughes's birth in NY was sufficient, without his parents being citizens, to make him a natural born citizen. Since Hughes was Chief Justice of the United States, and Klayman isn't, I think the conclusion is obvious. The fact that the Republican Party -- even then heavily loaded with bigshot lawyers -- was also OK about it is also significant.

That's almost funny, Shoonra. You don't have to tell me there's been a long train of Constitution abusers, sheisters, scofflaws, and illiterati trying to usurp and globalize America's Presidency as if they can decree anything they want. Hughes and his cohorts didn't try that candidacy stunt again after his ineligibility was publicized.

How's come you never bring up our very first Chief Justice, John Jay? -- the originator of the natural born citizen requirement as a protection against foreign influence. The Founders significantly used the phrase "natural born citizen" and not simply the word "citizen" as if they were synonymous in meaning. Why? Because naturalization or birth on this soil to any foreign parent or birth abroad even to American parents was not enough to guard the office as sufficiently as they could from foreign influence.

http://www.scribd.com/doc/99025994/FL-2012-06-29-Voeltz-v-Obama-order- dismissing-amended-complaint

Another judicial jabberwocky who doesn't know the difference between a citizen and a natural born citizen, yammering on about procedures and timing technicalities in his opinionation. Even absurdly claims that the Secretary of State has no duty by oath to uphold the Constitution and neither does the court. Claims, too, like a geography joker that McCain was born within the borders of the United States but he wasn't. If he had been, the Senate wouldn't have had to concoct anything declaring him to be a natural born citizen, specialer than others born to American Military parents in Panama.

This part on Page 6 of your scribd reference was hilarious and makes the case appealable, imo, on the grounds that the "judge" is Constitutionally incompetent:

Article II, Section 5 of the Constitution of the United States provides:

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

There is no Article II, Section 5, Shoonra. Article II stops at Section 4. The correct location of the Presidential eligibility requirements is:

Article II, Section 1, Clause 5

GreyLmist  posted on  2012-07-04   6:18:32 ET  Reply   Untrace   Trace   Private Reply  


#12. To: All (#11)

http://puzo1.blogspot.com/

Purpura and Moran File Petition for Certification With the NJ Supreme Court in Obama NJ Ballot Challenge

By Mario Apuzzo, Esq.

July 2, 2012

Today, I filed on behalf of my clients, Nicholas E. Purpura and Theodore T. Moran, a Petition for Certification with the New Jersey Supreme Court. The petition may be read here:

http://www.scribd.com/doc/98923880/Purpura-Moran- Petition-for-Certification-FILED-7-2-12 .

In the petition, we argue that the Administrative Law Judge, whose opinion was adopted by the Secretary of State and affirmed by the Appellate Division, erred in allowing candidate Barack Obama to be placed on the ballot for the primary and general election and to run for office in New Jersey without providing any evidence to the New Jersey Secretary of State showing his identity or where he was born, when challenged to do so. [Cont.]

GreyLmist  posted on  2012-07-04   6:41:43 ET  Reply   Untrace   Trace   Private Reply  


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