Marco Rubio Under Fire From Birthers Who Don't Believe He's a "Natural Born Citizen"

Categories: Politicks
rubiojobs.jpg
Believe it or not, the right wing is targeting Republican Florida Sen. Marco Rubio, a rumored vice presidential contender. They argue he is ineligible for the job because his Cuban parents weren't U.S. citizens when he was born in Miami in 1971.

It is the same argument of twisted logic and handpicked history the so-called birther fringe has been throwing at Barack Obama since his presidential candidacy began.

Here's how blogger "Obama Release Your Records" sees it in a post he wrote three weeks ago:
Marco Rubio is not now and never can be a Natural Born Citizen because his parents were not citizens at the time he was born ... The main stream media and news organizations all across the country are brazen in their attempts to subvert the Constitution. They are now completely complicit and actively engaged in undermining the rule of law by aiding and abetting a usurper to the Office of the Presidency...which is a crime.
The problem is that few serious legal scholars believe that anyone born on U.S. soil could fail to meet the "natural born citizen" requirement in the Constitution.

The Fort Myers News-Press rang up some professors this week to bounce the Rubio problem off them.

"There's no serious question because he was born in the USA. Any contrary argument is birther-like silliness," Daniel Takaji, a law professor at Ohio State University, tells the paper. "His parents' immigration status is irrelevant to his U.S. citizenship under the 14th [Amendment]."

Rubio certainly has a better argument to be president than Barry Goldwater, the 1964 Republican candidate who wasn't even born on U.S. soil. Goldwater was born in Arizona before it became an American state.

A few scholars do want to see the Supreme Court hear arguments over someone like Rubio's candidacy, just to stop these kinds of arguments from erupting from the birth-iest corners of the Interwebs.

Rubio, to his credit, never gave the birthers much credence when Obama was in their crosshairs. When Donald Trump was stirring the birther masses, Rubio told the L.A. Times that he was "more concerned with issues that are happening back here on planet Earth." Either way, the hubbub might be a nonissue for now. His spokesman tells the News-Press that birthers or not, Rubio is not interested in leaving the Senate. "He's not going to be vice president," spokesman Alex Burgos says.

What does all this prove? The "birther" movement can just as easily direct its racism at Republicans as at Dems.

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N Fabio
N Fabio

Well if its good for Obama ..then its good for Rubio !!

Angie
Angie

Newsflash people Senator Rubio IS a natural born citizen. He was born in Miami and it does not matter if his folks were not naturalized until he was 4. If that were the case, why do we have millions coming across the Mex/US border to have their babies for free? Check stats at Parkland Memorial Dallas, TX. Take note of the VERY HIGH number. And yes the moms are not citizens but the babies are. And I do support the tea party. However this issue cannot be compared to the birther issue of Obama. He was born in Kenya, then lived in Indonesia and then Hawaii. 

CHRISTOPHERHICKEY81
CHRISTOPHERHICKEY81

http://teapartyorg.ning.com/pr...

Reply by CHRISTOPHERR. HICKE4Y 1 second ago

Delete

LatestActivity

http://teapartyorg.ning.com/pr...

Newsmedia [erroneously declares]: Marco Rubio is a ‘natural-born citizen’ – Thoseasking question called ‘racists,’ ‘misguided adherents to Constitution’ | byJoe Kovac | @ WND.com

Read the Article Here: http://www.wnd.com/index.php?f...

U.S. Senator Marco Rubio was born a Cuban Citizen and is still a CubanCitizen in addition to his basicU.S. Citizenship gained by being born in the USA. Marco Rubio thus is adual Citizen with dual allegiance via U.S. law, Cuban law, natural law, andinternational law and treaties and is thus not an ArticleII Section 1 “natural born Citizen of the United States” to constitutionalstandards: http://cdrkerchner.wordpress.c......

Atty/Dr Herb Titus explains why Obama (and Marco Rubio and Bobby Jindal)are not “natural born Citizens of the United States”.

Rubio, Jindal, and Obama can claim to be Citizens of the United States butnot natural born Citizens of the United States. Citizen vs Natural Born CitizenEssay by Article II Section 1 constitutional expert Atty Mario Apuzzo: http://puzo1.blogspot.com/2010......

CDR Charles Kerchner (Ret)http://www.protectourliberty.o...

http://cdrkerchner.wordpress.c...

CHRISTOPHERHICKEY81
CHRISTOPHERHICKEY81

http://teapartyorg.ning.com/pr...

Newsmedia [erroneously declares]: Marco Rubio is a ‘natural-born citizen’ – Thoseasking question called ‘racists,’ ‘misguided adherents to Constitution’ | byJoe Kovac | @ WND.com

Read the Article Here: http://www.wnd.com/index.php?f...

U.S. Senator Marco Rubio was born a Cuban Citizen and is still a CubanCitizen in addition to his basicU.S. Citizenship gained by being born in the USA. Marco Rubio thus is adual Citizen with dual allegiance via U.S. law, Cuban law, natural law, andinternational law and treaties and is thus not an ArticleII Section 1 “natural born Citizen of the United States” to constitutionalstandards: http://cdrkerchner.wordpress.c......

Atty/Dr Herb Titus explains why Obama (and Marco Rubio and Bobby Jindal)are not “natural born Citizens of the United States”.

Rubio, Jindal, and Obama can claim to be Citizens of the United States butnot natural born Citizens of the United States. Citizen vs Natural Born CitizenEssay by Article II Section 1 constitutional expert Atty Mario Apuzzo: http://puzo1.blogspot.com/2010......

CDR Charles Kerchner (Ret)http://www.protectourliberty.o...

http://cdrkerchner.wordpress.c...

Nonya
Nonya

 What does all this prove? The "birther" movement can just as easily direct its racism at Republicans as at Dems.

^^^And the above has what to do with race?^^

sukie
sukie

It's really where he was conceived that we should look @ not where he was born..since the rw have decided that life begins @ conception !!! so where were mum & dad hankipankying ?..

eelet
eelet

So, as I understand you. . .A child who grows up in this country, but his parents were not citizens before he was born and were illegal Arab Muslims, he can still be President? Isn't that right?

Bigspender
Bigspender

Birthers are an ignorant bunch of usually conservative grammer school dropouts.  These are most often people with so little self esteem that any excuse will suffice to look down upon someone else.  Best example is Donald Trump.

Jenkan04
Jenkan04

to Mr; tim Elfrink, this article above shows that you know little to nothing about the Constitution of the United States of America and the laws on which it was based, namely Vattel's "Law of Nations" where is spells out exactly what a natural born citizen is..  It is the law that has been referred to in several Supreme court rulings on citizenship.Even Obama required that John McCain be investigated to validate his 'Natural born" status and signed the consent, indicating that he is well aware of the fact that ihe himself does not meet this qualification, that of which states "born of Parents that are American citizens". Note Plural "Parents"

How can you write this garbage knowing that the law is against you? .

locknsleep
locknsleep

this is like arguing the meaning of certain bible passages.  Natural Born Citizen was not defined when the constitution was written to be what people generally have considered it at one point or another.  The 14th Amendment can be used to give a clearer sense of what the definition is, but of course who knows if that was truly the definition that was intended for the term.  Still going over contemporary arguments after the constitution it seems as if Rubio would be seen as a Natural Born Citizen by people in those times.  That's good enough for me.

j.mcnamee
j.mcnamee

The real reason Mr. Rubio has risen is not because he is one of the best  but because  he can caters to those who put $$$$$ for his rise!! .  "They" know hispanics represent a force. They don't want any hispanic with a mind of his own!  He unfortunately does not represent the mayority of hispanics or the mayority of americans!   He is elocuent, handsome,family man but that is where it stops... his aura is negative!  But this is "good thing" because it brings out the true leaders!  He is out there!  We must be patient!  Minedga Archilla-McNamee/St. Petersburg,Fl.

j.mcnamee
j.mcnamee

The real reason Mr. Rubio has risen is not because he is one of the best  but because  he can caters to those who put $$$$$ for his rise!! .  "They" know hispanics represent a force. They don't want any hispanic with a mind of his own!  He unfortunately does not represent the mayority of hispanics or the mayority of americans!   He is elocuent, handsome,family man but that is where it stops... his aura is negative!  But this is "good thing" because it brings out the true leaders!  He is out there!  We must be patient!  Minedga Archilla-McNamee/St. Petersburg,Fl.

Miriam
Miriam

If two people from France are on vacation in the USA, then the woman gives birth, is the baby automatically a US citizen?  I think not.

tom pastore
tom pastore

Marco Rubio shows his anti-american reflections when he is asked to present a Resolution to Honor and Respect those who died at The Alamo (1836), and he refuses. *The reason I asked his office to do so, is because he supported the May 2011 Resolution in the Senate supporting "cinco-de-mayo" (1862). Mexico murdered and burned the bodies of Americans at the Alamo, just 26 years before this "cinco" fiasco. His office said that he will not support such a resolution and ,besides (he says), those at the Alamo were NOT Americans. In the spring of 2011, he also presented a Senate Resolution supporting the Cubans who fought at the "Bay of Pigs". (There weren't Americans???). He also supports the "Dream Act", that allows children of Illegal Immigrants to go to College on America's Dime. He ignores the fact that Illegal Mexicans alone send back $17 Billion American dollars to Mexico to support their economy. How many Sons and Daughters could they educate with (17 Billion) dollars of their OWN money. **Do you see a pattern here of his being Pro-Hispanic to the point where he is UnAmerican. All his Senatorial support is for People who cannot Vote,while he ignores those who he has taken an Oath to represent.

Montana
Montana

We won the election and now these sore losers will continue to spew your hate with lies (They hate and can’t debate). The way our court system works is that you get a competent lawyer (Strike One), verifiable facts (Strike Two) and present them to a judge, if the facts are real and not half baked internet lies, then, and only then, you proceed to trial (Strike three). The Birthers seem to be having a problem with their so call facts (internet lies) that they present. Let’s face it no reasonable man or woman will go along with you until you guys win a case, but until then, you will continue to appear dumb, crazy or racist, or maybe all three. You guys are a bunch of sore losers and feeding on your own is still foolish.

maguita
maguita

McCain was born in Panama but the birthers dont care about him

Maureen Lynch Bocardo
Maureen Lynch Bocardo

And, John McCain was born in Panama to US citizens.  How is this any different?

Eric VanSickle
Eric VanSickle

It's not. A natural born citizen is either 1) born within the U.S. or 2) one or both parents are U.S. citizens.

Googuse
Googuse

Who decided to start giving wacko cranks media time?

Joanlourich
Joanlourich

What irrelevant bullshit. Do something important!!!

Lovable Loser
Lovable Loser

Just fired off this letter to the Prof. Tokaji mentioned in the article:

I just read an article in which you stated: "There's no serious question because he was born in the USA. Any contrary argument is birther-like silliness," Daniel Takaji, a law professor at Ohio State University, tells the paper. "His parents' immigration status is irrelevant to his U.S. citizenship under the 14th [Amendment]."

You are correct to say that he is a U.S. citizen, but that does NOT make him a natural-born citizen. Rather, Rubio is only a naturalized citizen -- naturalized because the 14th amendment grants him citizenship simply (albeit wrongly) by being born here. In other words, this is called "birthright citizenship," which only a few countries in the world grant. Additionally, the 14th Amendment says NOTHING about a 14th Amendment citizen being a natural-born citizen. The latter is reserved exclusively for those who need no naturalization simply because they are naturally born of parents who themselves are citizen of the United States.

This is a difference that anyone with a modicum of critical thinking skills should be able to discern, especially one like yourself who professes to be an authority on election law and voting rights.

July6000
July6000

I'm sure Professor Tokaji will give your letter all the consideration it deserves.

bob
bob

Where did you get your law degree, o Lovable Loser?

Lovable Loser
Lovable Loser

This is f+cking b+llsh+t for this piece of sh+t rag to say that racism is behind the birthers' motives. I don't give a f+ck if it is a white assh+le like "President" Chester Arthur was when he hid the fact that his father wasn't yet an American when the son was born in the States. That right there tells you he knew who a natural-born citizen is, and it ain't one who was just born here regardless of his or her parents' citizenship. He then burned all of his records before his death. Sounds like someone with something to hide, eh? Just like the usurper who for all we know may be an illegal alien like his uncle and aunt, who both defied deportation orders. Can anyone honestly say that even a baby born here of illegal immigrant Communists bent on screwing us and the Constitution deserves to be called a natural-born citizen? Please, get your f+cking critical thinking skills in gear!

Guest
Guest

If that's the case you have A LOT of people running around Miami that aren't citizens, including myself!

This is silliness!

July6000
July6000

It might be helpful to consult with people alive in 1787.

“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, 1826 “A View of the Constitution of the United States

Mr. Rawle in the same paragraph writes,

“Under our Constitution the question is settled by its express language, and when we are informed that, excepting those who were citizens, (however the capacity was acquired,) at the time the Constitution was adopted, no person is eligible to the office of president unless he is a natural born citizen, the principle that the place of birth creates the relative quality is established as to us.”

So “place of birth” creates the quality of being “natural born”.

This is a reflection of the belief of James Madison,

“It is an established maxim that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general, place is the most certain criterion; it is what applies in the United States; “James Madison, 1789, Speech on the Floor of the House of Representatives.

Rawle’s statement is also a reflection of the laws of State of Connecticut as described by Zephaniah Swift,

“The children of aliens born in this state are considerded as natural born subjects and have the same rights with the rest of the citizens. “Zephaniah Swift, 1795, “A System of the Laws of the State of Connecticut: in Six Books”

BTW, William Rawle was a Philadelphia lawyer (he founded the law firm of Rawle and Henderson, the oldest law firm in the United States). He was appointed by President Washington to be the first U.S. Attorney for the District of Pennsylvania.

Zephaniah Swift was a member of the Connecticut legislature, U.S. Congressman and eventually the Chief Justice of the Connecticut Supreme Court

Eric VanSickle
Eric VanSickle

This proves once and for all that Pres. Obama is eligible to hold the office he now holds. He was born in Hawaii, and he and his staff produced TWO birth certificates (the form that the Oahu County [Honolulu] government prints out and a copy of the original bound certificate) and there is microfilm file of TWO Honolulu newspapers that announced the president's birth in 1965 within a week of his birth.

There are two requirements for natural born citizenship: 1) Birth in the U.S., 2) one or both parents being a U.S. citizen(s). Pres. Obama was born in Honolulu, and his mother is a Kansas native.

STFU, birthers!

El_Bananero
El_Bananero

What does racism have to do with the birthers? This about the rule of law.

JRN
JRN

Who have they declared ineligible so far? 

Obama, Rubio and Jinhal.Ooops!

prsmith
prsmith

We need to hold both Jindal's and Rubio's feet to the fire to help us solve the eternal question: "What is the definition of 'natural born citizens?".

Neither Rubio or Jindal iseligible to be our POTUS.

 

Neither man's parents were U.S.citizens therefore they are NOT eligible to be POTUS or VEEP ; the exact sameproblem Obama has.  If Rubio and Jindal aretrue patriots and supporters of the Constitution, one or both of them willimmediately call a press conference and announce that he is not a ‘natural borncitizen’ because his parents were not U.S. citizens and that he cannotaccept any invitation to join a presidential ticket. For more eligibility info,see:http://naturalborncitizen.word....

 

Help me make thathappen.  Go to http://rubio.senate.gov/public...or http://www.gov.la.gov/index.cf....  Tell Rubio and Jindal that you expect them todo the right thing so that we can both fix the constitutional crisis we currentlyface and forever prevent another from occurring.  This problem should have been resolvedfollowing Chester A. Arthur’s administration when it was discovered that hisfather was not a U.S.citizen when Chesterwas born – but it wasn’t.  Let's finallyput this question to rest.

 

If Rubio or Jindal will standtall and make that announcement, it would immediately shine a spotlight onBarry's ineligibility and force the SCOTUS/Congress to act. Help me make thathappen! It will only take a couple minutes - please do it now!

seep
seep

At what point did Marco Rubio become a US citizen?  If not at birth, then when?

prsmith
prsmith

The instant he was born - but it was not a 'natural born' birth.  John Jay's letter to George Washington clearly delineated a difference between citizen and natural born citizen and Washington 'ratified' it when he submitted it to the constitutional convention and got it implemented.

bob
bob

As the courts have made clear, citizenship and natural-born citizenship are not synonymous.  All natural-born citizens are citizens, but not all citizens are natural-born citizens.  So there is a difference, but its not the difference that you magically ascribe to Jay.

Aznyron
Aznyron

I think the argument here is that your born on U.S. Soil but both your Parents are NOT citizens correct me if I am wrong so some are saying you do not qualify to be president if 1 or both of your Parents are not citizens I will leave this to the law professors & Constitutional lawyers it beyond me but wake me when we get the final results 

katahdin
katahdin

There are two ways to acquire US citizenship: Birth and naturalization. Anyone who is born a citizen is eligible to be president. Naturalized citizens are not eligible to be president, although in every other way, their citizenship is exactly egual to that of natural-born citizens.President Obama, Bobby Jindal, and Marco Rubio are all natural born citizens and eligible to be president.Arnold Schwarzenneggar is a naturalized citizen and therefore is not eligible to be president.

It's so simple a fifth grader could understand it. And I should know, because I learned it in fifth grade.

acerbic
acerbic

Don't you know, it was a yoctosecond after his birth, when he went through the magic "naturalization at birth" process and got his invisible certificate of naturalization which is recorded in the government archives at Area 51.

Drake Mallard
Drake Mallard

many Republicans want to consider amending or is repealing the 14th amendment to make sure anchor babies do not get citizenship. I wonder whether some Republicans silently resent him. Marco rubio

Delcaste
Delcaste

Natural Born was clearly defined in Minor v Happersett. CLEARLY. It is national law to this day. I hope a lot of you are reading it and forwarding it...

Sir Sausage
Sir Sausage

59.5% of all internet facts are completely made up.

Ohhhhhfuhhhhh
Ohhhhhfuhhhhh

Thats much more than an internet fact @JeanLaveau:disqus  its more like a real life fact....Fact! FACT! get it? FACTbut anyways if you turn on the news maybe you will get a little more familiar with the racist unhuman shit thats been considered by...

Juan Garcia
Juan Garcia

No, not Democrats or RepublicansBut Hispanics and BlacksOur as they refer to us as 'niggas and spics'...just call them out for what they are...Dead Meat!

prsmith
prsmith

That's a racist remark, Juan, and every black and Hispanic should be insulted that one of their own would say such a thing.  Disgusting.

Ohhhhhfuhhhhh
Ohhhhhfuhhhhh

you clearly missed the point @prsmith:disqus 

Charles
Charles

Why didn't the Fort Myers News-Press Professor Dr. Charles Rice of the University of Notre Dame to get the other side of the scholarly argument as to what a "natural born Citizen of the United States".  Being born in the USA is necessary but not sufficient to be considered a natural born Citizen.  Read Professor Rice's scholarly arguments here:http://obamareleaseyourrecords...

Read the writings of a constitutional expert and attorney, Mario Apuzzo of Jamesburg NJ on the historical and legal precedence defining what a natural born Citizen is:http://puzo1.blogspot.com/2009...

Both Rubio and Obama were born with dual allegiance and Citizenship to two countries, Rubio to Cuba and the U.S..  Obama to England and the U.S.  Thus they are not natural born Citizens of either one.

CDR Charles Kerchner (Ret)

Dave R.
Dave R.

People born in the US from non-citizen parents are "Naturalized at birth" not "Natural born" which is the natural body politics of any state, the indigenous people, those born from citizens.

Obama's daughters are natural born, not Obama himself.Rubio is not natural born.

Look what John Bingham, framer of the 14th amendment said: "every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen..." in the House on March 9 1866.

Plus Obama's PDF is a total forgery, any experienced graphic artist will tell you that.You've been hijacked America.

JRN
JRN

And you have been reading too much Birther Fan Fiction.

BryanNatalie
BryanNatalie

I got a $829.99 iPad2 for only $103.37 and my mom got a $1499.99 HDTV for only $251.92, they are both coming with USPS tomorrow. I would be an idiot to ever pay full retail prices at places like Walmart or Bestbuy. I sold a 37" HDTV to my boss for $600 that I only paid $78.24 for.I use. http://scut.ly/rs

Daniel Patrick
Daniel Patrick

"It is the same argument of twisted logic and handpicked history the so-called birther fringe has been throwing at Barack Obama"

Wow, this guy really has some harsh words for the wisdom of our founding fathers, particularly the original "birther", John Jay. Do us all a favor Tim and read the Constitution, there's a reason there are 2 citizenship classes stated in Article 2, Sect 1. No wonder our nation is in such a mess, when morons like the author of this article don't even know the definition of a simple, yet important term in the document that defines this nation.

bob
bob

Again, same questions: Where did you study law?  Where do you teach?  What books on the subject have you written?

Daniel Patrick
Daniel Patrick

Now you need a law degree to interpret a simple term in the Constitution? Do you need me to define "age of thirty five years" for you as well. Of course not, everybody knew exactly what an NBC was and what it still is. The founders did not try to confuse anybody, anybody with a high school diploma should be able to read and understand the document. Wow, I really must have gotten lucky in HS and college when my professors taught us what an NBC was. I'm absolutely astonished, I really am.

July6000
July6000

"Now you need a law degree to interpret a simple term in the Constitution?"

Actually, no you don't.  The Founders told us specifically where to look for such definitions.

In the English legal system.

GuntherZorn
GuntherZorn

Clearly, people have become too robotic or stupid to define simple terms without help from a lawyer.

DaveH
DaveH

Daniel. You are AMAZING! What with being able to channel the thoughts of our Founding Fathers when they were writing the Constitution. You must have really ROCKED in civics classes when you were in school!

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