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To: David
The issue is about a forecast of what the U S Supreme Court would hold if confronted with the question of Rubio's eligibility to hold the office because of an objection based on the citizenship of his parents--the objection would not get any serious consideration; the Court will hold him eligible.

Unfortunately, you're probably correct about what the current SCOTUS would do; unfortunately, people who have a decent respect for the original meaning of the Constitution are few and far between in today's federal judiciary.

That's one reason why today's federal judiciary, especially the SCOTUS and some of the more outrageous Circuit courts, is held in such low esteem by so many of us (even though the SCOTUS might throw us a bone by disabling Obamacare next week). They too often go with the political winds, rather than the Constitution.

I know it's only hypothetical, but how do you think the Minor v. Happersett Court would rule on Rubio's eligibility?

35 posted on 06/23/2012 9:27:09 AM PDT by justiceseeker93
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To: justiceseeker93
Unfortunately, you're probably correct about what the current SCOTUS would do; unfortunately, people who have a decent respect for the original meaning of the Constitution are few and far between in today's federal judiciary.

Yes, he's likely correct but not likely in the long term as long as the pressure keeps up. I could be wrong, but I don't think Rubio will be selected as VP by Romney because enough of us have made a racket about the NBC issue. The ABC news report were probably correct that inside sources said Rubio was not being vetted, and Romney had to come out to say Rubio "is being vetted" after Hannity, et al, came out chanting, after hearing about the report, - Rubio, Rubio, oh my Rubio. ;-) The effort is working.

38 posted on 06/23/2012 10:01:13 AM PDT by Red Steel
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To: justiceseeker93; Brown Deer; LucyT; Fred Nerks
I know it's only hypothetical, but how do you think the Minor v. Happersett Court would rule on Rubio's eligibility?

Same way.

Somewhere there is out there floating around, an inside baseball story which had credibility with the Con Law bar that the language about "natural born" was incorporated for a reason not related to the argument in Minor.

Having researched the history of the Constitutional provision extensively, I will tell you that I think the argument is pretty clear that even as to original intent, the founder's were directly focused on the legal substance--they were primarily concerned only about place of birth and that because they were concerned about the prospect that someone who was under the jurisdiction of a foreign sovereign would become head of state of the US.

I don't even see a more Constitutionally committed Court kicking an elected President or Vice President out over the birthplace of his parents--if the issue were ever relevant, it would be because you could argue that they were the parents on vacation in the US; the kid was born in the US but because they were sojourners or other happenstance presence persons, the kid was subject to the jurisdiction of the sovereign of the place of the parents citizenship.

In the modern world, even that argument doesn't have much force either. I have had a case where US taxing authorities have sought to collect millions of dollars of tax from a German national because in 1946, his mother accompanied his father for a week at a post war business conference in New York when he was born and he was therefore a US Citizen who owed tax on his multi millions of world wide income over the intervening period.

In the case of Rubio, there isn't any argument that he was only the result of a temporary event in the US.

40 posted on 06/23/2012 10:33:50 AM PDT by David
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