The Obama Hustle

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The Good News: Rubio’s Eligible ?

with 14 comments


The Good News: Rubio’s Eligible

Posted on January 29, 2012 by Conservative Byte

Official portrait of US Senator Marco Rubio of...

Official portrait of US Senator Marco Rubio of Florida.

The Founders were serious about American identity and the integrity of republican principles.  It was an incredible blessing to us that George and Martha Washington had no children of their marriage.  Washington had referred to this fact in the first draft of his Inaugural Address.  There would be no danger of monarchy here, he said, because he had “no child for whom I could wish to make provision — no family to build in greatness upon my country’s ruin.”

Now, consider Marco Rubio.  His parents were resident aliens when he was born in 1971, seeking and soon to receive their status as naturalized U.S. citizens.  Under the Fourteenth Amendment, “all persons born…in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the states wherein they reside.”  This “subject to the jurisdiction thereof” clause shows why Rubio is — and, very likely, why children of illegal aliens are not — a “natural born citizen of the United States.”

We should be very careful in discussions of the Constitution to avoid the impression that we are an anti-immigrant party.  To say that Rubio, Jindal, and Haley are forever barred because of a strained interpretation of the Constitution’s eligibility clause would condemn conservatism to minority status for the foreseeable future.  Surely, that is not what we want.

The Obama Hustle’s response to the Conservative Byte article:

I and many of me fellow American Citizens feel that the literal wording of the U.S. Constitution as it pertains to an individuals eligibility to hold Presidential and or the Vice Presidential office needs to be exact as expressed in Article II – Section I – Clause IV of the United States Constitution:

Clause 5: Qualifications for office

“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.”
 

14 Responses

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  1. Reblogged this on American Freedom and commented:
    Awesome post!!!

    Sarah Roman

    March 29, 2012 at 8:52 am

  2. Rubio’s parents were not citizens at the time of Rubio’s birth. Therefore, Rubio is not a “natural born citizen”. He is not eligible for either the Presidency or the Vice-Presidency.
    http://wweethepeople.patriotactionnetwork.com/2011/09/08/natural-born-citizen-2/

    Reginald Carl Jackman

    March 29, 2012 at 9:36 am

  3. “To say that Rubio, Jindal, and Haley are forever barred because of a strained interpretation of the Constitution’s eligibility clause would condemn conservatism to minority status for the foreseeable future. Surely, that is not what we want.” In this statement you are openly placing political ramifications above Constitutional concerns while trying to cover by swatting away definitions without making the argument for why those opposing views are “strained.”

    Reginald is correct. Vattel’s Law of Nations was the very “nomenclature” eluded to (not Blackstone) by SCOTUS in Minor-v-Happersett in which he wrote “The country of the fathers is therefore that of the children…” This has never been directly address by SCOTUS and therefore hasn’t changed.

    Talon's Point

    March 30, 2012 at 2:49 am

    • Yea but, should we just say then that the Constitution needs to be adjusted due to the many citizens falling outside of the scope of the original interpretation of the writers of this document ???

      The Obama Hustle

      March 30, 2012 at 11:46 am

      • NO!!!!

        I don’t recall where in the Constitution it eludes to the right of every citizen child to grow up to be President.

        Do you???

        Talon's Point

        March 30, 2012 at 1:14 pm

      • No…. That’s what I am eluding too. They will overlook eligibility because they feel that the original meaning is outdated.

        The Obama Hustle

        March 30, 2012 at 2:42 pm

      • Apologies for misreading question.

        Talon's Point

        March 30, 2012 at 2:55 pm

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