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To: Spaulding
The Constitution only mentions three types of citizens - those at the time of the adoption of the Constitution (mostly natural born subjects of England), those who were natural born as citizens - and those who had to be “naturalized” into that condition of allegiance.

There are currently only two types of U.S. citizen. Those who were natural born and those who were naturalized.

Rubio was never naturalized.

He was born a citizen according to U.S. law - which should always reflect our best understanding of natural law.

62 posted on 04/24/2012 8:22:23 PM PDT by allmendream (Tea Party did not send GOP to DC to negotiate the terms of our surrender to socialism)
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To: allmendream
"He was born a citizen according to U.S. law - which should always reflect our best understanding of natural law."

Exactly allmendream. “He was born a citizen.” He was not born a natural citizen. Rubio, like Obama if we assume he was born in Hawaii, is ‘native-born’, like American Indians, who were native-born and not citizens but residents. Rubio was made a citizen by the 14th Amendment, which is based upon Article I Section 8, the command to Congress to create a “uniform rule for Naturalization.” A rule for “Naturalization” does not creat natural born citizens, but 'naturalized citizens!"

What is not natural about such citizens, a notion from ‘natural law’, is that they inherit the allegiances of their parents, which may be entirely opposed to the principles for which our founders fought. That is obviously the case with Barack. Don't forget, the only reason the Constitution mentions the phrase natural born citizen is to specify the requirement for just one of our citizens, the citizen who will honor, defend, and protect the Constitution. Otherwise, there is no phrase to specify the requrements for citizenship in the Constitution. Citizenship requirements were specific to each colonial state, and were to be made uniform by Congress.

Congressman John Binghum, the author and sponsor of the Naturalization amendment that made Obama and Rubio ciitzens, told the house while explaining his amendment prior to its passage from the Congress for ratification in three fourths of the states:

I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…

Rubio was naturalized, as eventually were his parents. His was ‘jus soli’ naturalization based upon the 14th Amendmendment, which uses the unfortunate term “Native-born citizen of the US,” the exact term used by Barack Obama on his web site fightthesmears.com. You are correct about two classes of citizen, natural born and naturalized. Naturalized citizens become citizens under law, such as the 14th Amendment; natural citizens are citizens based upon natural law, the guiding foundation according to our Declaration of Indpendence. And what is a natural born citizen? There are dozens of citations from legal scholars around the time our framers and founders were alive, but the most cited, by far, including frequently in Supreme Court decisions, and our first law book, as assigned by Thomas Jefferson, at our first law school, William and Mary in 1779, was Vattel’s ‘Law of Nations’, an exposition of ‘nature's law’.

Through the turn of the twentieth century no one doubted the common definition of what was a natural born citizen. That is what Chief Justice Waite told us, and the rest of the justices agreed. Even in 1939, Chief Justice Hughes didn't question Marie Elg’s natural born citizenship, even though she was raised by her parents in Sweden when her dad repudiated his US naturalization because he found a good job in Sweden. She couldn't be denied citizenship, though our State Department argued otherwise, because her's was natural born citizenship, granted by nature, not men.

The term natural born citizen appears nowhere in the 14th Amendment. The attempt to conflate natural born and native born using Wong Kim Ark, which is based upon the 14th Amendment, is logical and legal nonsense - which doesn't mean that the court won't do it if forced to reinterpret natural born citizenship. We are seeing politicians chafing under the constraints imposed upon government by our Constitution, both Democrats and Republicans, both bodies becoming wealthy parasites upon the productivity of free men. They are killing the host by devaluing the Constitution written to protect those individuals who are now, unwillingly, supporting Washington D.C.'s growing wealth as government, its employee salaries, and benefits, exceeds twice the national average. Obama, with no allegiance inherited from his parents, is an ideal choice, unless people realize that we have protections. Allegiance is difficult for many to grasp, particularly as we welcome citizens whose clearly stated objective is to turn US citizen into subjets of the Caliphate, into our defense and justice departments.

64 posted on 04/24/2012 11:05:26 PM PDT by Spaulding
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