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To: Perdogg
No, Rubio is not eligible.

Citizenship is hereditary..... You get it from your parents.

No parental us citizenship at birth means NO natural-born (jus sanguines) citizen child.

IMHO, the confusion comes because the Founders only originally accounted for the two types of citizens...natural-born and naturalized. They also used the terms native an natural interchangeably (which doesn't help matters either)

With the passage of the 14th Amendment, a 'new' type of citizenship emerged. A foreigner's child born on the soil (jus soli) is a NATIVE born citizen. He is basically naturalized at birth by the 14th Amendment.

But the still doesn't make him natural-born.

31 posted on 07/31/2012 3:31:36 PM PDT by MamaTexan (I am a Person as Created by the Laws of Nature, not a person as created by the laws of Man)
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To: MamaTexan

I don’t guess it would matter to you at all that the supreme court disagrees with you on law and history:

“[t]he Constitution of the United States, as originally adopted, uses the words ‘citizen of the United States,’ and ‘natural-born citizen of the United States…the Constitution nowhere defines the meaning of these words….in this as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the constitution…The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.”

...

“It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born. The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established.”

U.S. v. Wong Kim Ark,169 U.S. 649,658 (1898)


39 posted on 07/31/2012 3:39:31 PM PDT by Blackyce (President Jacques Chirac: "As far as I'm concerned, war always means failure.")
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