Rubio’s parents were in the US with permisson of the US govt, therefore this clause would make Rubio, and Jindal likewise given the same with his parents, naturally born.
I hope so, but I want the SCOTUS decision (almost certain there will be a case) to be the result of honest and diligent inquiry into the framers intent. If that honest inquiry still comes up with an ambiguous result, then I don’t think it would be unjust to rule Rubia a NBC.
Rubio’s parents were in the US with permisson of the US govt, therefore this clause would make Rubio, and Jindal likewise given the same with his parents, naturally born.
Rubio’s parents “did not have permission” from the US Govt....they came in 1957 before Castro and our special policy against Cuba. Rubio’s parents actually fled capitalist Batista regime
Rubio’s parents were not citizens at the time of his birth, so that would not make Rubio a NBC.
Beleieve me, the Dems will raise all kinds of Eligibility Hell if Rubio is ever a VP or Pres nominee. Unfortunately, there are too many PhonyCons who refuse to challenge Obama’s Eligibility
Rubio’s parents were in the US with permisson of the US govt, therefore this clause would make Rubio, and Jindal likewise given the same with his parents, naturally born.
I would argue that it is not the fact that his parents were here with permission that would make him natural born, for the children of Ambassadors, the same condition is met, yet their children are not citizens at all.
No, I would argue that the defining characteristic is that the parents are here with (at least)the intention of being citizens. (As in Perkins v Elg.)
The condition of being a "natural" citizen at birth is that when the child is born, it is subject to the laws of no other country; That no other country has any recognizable claim upon the child.
This is not just some abstract point. In times of war, if a nation claims a person under either Jus Soli (Such as England) or Jus Sanguinus (such as France) then that person can be made to fight in that nation's armed forces against us.
Had Castro been overthrown, and the Subsequent government of Cuba used the Jus Sanguinus system of citizenship, they would be able to claim Marco Rubio as a citizen of Cuba, and compel him to fight in their armed forces, against us if necessary.
I am casting him a bone here in regards to the notion that his parents had intended to be citizens. Others will say they had to have BEEN citizens to sever all claims on the child from another country. Just some things to think about.