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To: Yosemitest
Sorry, but the whole Rubio is eligible falls apart on this line-

His parents were resident aliens when he was born in 1971, seeking and soon to receive their status as naturalized U.S. citizens.

Like the parents of Wong Kim Ark, Rubio's parents were resident aliens at the time of his birth.

This would make Rubio a native born citizen, not a natural born one.

Had he been born after they were naturalized, it would be a different story.

27 posted on 09/30/2011 3:21:42 AM PDT by MamaTexan
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To: MamaTexan
I refer you
Well, it's pretty plain that
30 posted on 09/30/2011 4:05:23 AM PDT by Yosemitest (It's simple: Fight or Die)
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To: MamaTexan
This would make Rubio a native born citizen, not a natural born one.

That's a distinction that doesn't exist in the law. Whether it existed in the framer's minds, or in their intentions, or whether it ought to exist, etc., is fine to argue about, but Rubio's eligibility or lack thereof is determined by the law.

The law says that a person born in U.S. territory of parents who are not "under foreign jurisdiction" (not diplomats, foreign military at war with the U.S., etc.) are citizens by birth, and the law does not distinguish between "citizen by birth" and "natural-born".

50 posted on 09/30/2011 5:11:43 AM PDT by Campion ("Fallacies do not cease to be fallacies when they become fashions." -- GKC)
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