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.
To: MamaTexan
" 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. "
I refer you
United States Congress, An act to establish an uniform Rule of Naturalization (March 26, 1790). : Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States.
And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States.
And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens:Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:
Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.
Well, it's pretty plain that
Rubio IS eligible ... and IS a natural born Citizen.
30 posted on
09/30/2011 4:05:23 AM PDT by
Yosemitest
(It's simple: Fight or Die)
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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