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Rubio lawyers swat down 'birther' challenge
The Hill ^ | 01/14/2016 | Ben Kamisar

Posted on 01/14/2016 11:29:42 AM PST by GIdget2004

Marco Rubio's lawyers are defending his eligibility to run for president in a quixotic legal challenge that alleges he isn't a natural-born citizen.

A Florida voter filed the suit, which claims that the senator isn't a true "natural-born citizen" under the Constitution because his parents were not both U.S. citizens at his birth in Miami.

The challenge occurs as 2016 rival Ted Cruz has been thrust into the spotlight by repeated "birther" challenges by party front-runner Donald Trump and other critics because the Texas senator was born in Canada.

So far, only Cruz has faced significant questions from those challenging his natural-born status. But the legal brief shows Rubio's lawyers trying to cut down the accusations at an early level.

The 34-page document, first disclosed by the Tampa Bay Times, casts aside the claim, noting that under the voter's logic "at least six other Presidents of the United States were not natural born citizens and were therefore ineligible for that office."

(Excerpt) Read more at thehill.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: ineligible; naturalborncitizen
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To: Georgia Girl 2

Children born abroad have always been considered US citizens.


21 posted on 01/14/2016 12:01:10 PM PST by RobbyS (quotes)
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To: No Dems 2016

Under your logic, every child born overseas to a hooker and a American is a us citizen, fit to be president of the US. Vietnam and Thailand would be full of US citizens then. Obviously there is a process to citizenship and it isn’t simply because of one US parent.


22 posted on 01/14/2016 12:01:24 PM PST by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: MeganC

You must have missed the part that says a Citizen of the United States, at the time of the Adoption of this Constitution.

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.


23 posted on 01/14/2016 12:06:13 PM PST by Duchess47 ("One day I will leave this world and dream myself to Reality" Crazy Horse)
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To: don-o

Chester Arthur was not elected President, he became President upon the assassination of the elected President.


24 posted on 01/14/2016 12:09:16 PM PST by Duchess47 ("One day I will leave this world and dream myself to Reality" Crazy Horse)
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To: Theoria

“Under your logic, every child born overseas to a hooker and a American is a us citizen, fit to be president of the US. Vietnam and Thailand would be full of US citizens then.”

Now, that’s an ugly response. Being born out of wedlock throws tremendous confusion on this debate. I think that such people would find it very difficult to prove they were children of an American father since a prostitute has sex with anybody and everybody they can. I think you’re creating a situation that’s very unlikely. That said, a court ruling is likely going to be necessary to decide this case for Cruz. I just believe that in his case, he’s clearly a natural born American citizen.

How would you feel if, through no fault of yours, you were born abroad to one or two American parents and live your whole life here and then be told you’re a second class citizen? Take Bruce Willis for instance. He was born in Germany to an American father and German mother, yet I don’t see anyone saying he isn’t American.


25 posted on 01/14/2016 12:09:26 PM PST by No Dems 2016
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To: DouglasKC
Technically Obama was disqualified as well since his father was a British citizen at his birth.

I believe Obama has an out if he cares to admit that Frank Marshall Davis is his real daddy.

26 posted on 01/14/2016 12:10:50 PM PST by Paine in the Neck (Socialism consumes EVERYTHING)
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To: don-o

“Citizenship descends through the mother. The Jews figured that a few thousand years ago.”

Wrong. His mother, Malvina Stone, lost her U.S. citizenship when she married William Arthur in Quebec, Canada. They were at that point British subjects in Canada who moved to Vermont, where Chester Arthur was born with automatic naturalization at birth as a U.S. citizen due to the 14 Amendment provision for birth in the United States and the U.S. Naturalization Act and as a British national born abroad with two British parents under a British naturalization act. Because neither of his parents were a U.S. citizen when he was born, he did not qualify as a natural born citizen of the United States.


27 posted on 01/14/2016 12:17:07 PM PST by WhiskeyX
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To: Paine in the Neck
Technically Obama was disqualified as well since his father was a British citizen at his birth.
I believe Obama has an out if he cares to admit that Frank Marshall Davis is his real daddy.

He probably will...January 21 2017. :-)

28 posted on 01/14/2016 12:20:09 PM PST by DouglasKC (I'm pro-choice when it comes to lion killing....)
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To: Paine in the Neck

“I believe Obama has an out if he cares to admit that Frank Marshall Davis is his real daddy.”

That will not help either, because his father for the purposes of the law was established in a court as Obama Sr. The existence of a U.S. natural father would introduce a confusing factor but not change the legal outcome due to Obama Sr. beeing the father ad litem.


29 posted on 01/14/2016 12:20:25 PM PST by WhiskeyX
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To: babygene

FACT! “...Neither of his par­ents was a cit­izen of the United States at the time of Ru­bio’s birth in 1971 in Miami. They did not be­come nat­ur­al­ized un­til 1975...”

Anchor Baby!


30 posted on 01/14/2016 12:21:36 PM PST by WellyP (question!)
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To: No Dems 2016

Americans, unless they have lived abroad, do not know that millions of American citizens living abroad have had children or that American law makes no provision for as certainly the status of many of these children.


31 posted on 01/14/2016 12:22:09 PM PST by RobbyS (quotes)
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To: Duchess47

“Chester Arthur was not elected President, he became President upon the assassination of the elected President.”

True, but the Office of the Vice President includes the same restrictions on eligibility as the Office of the President.


32 posted on 01/14/2016 12:22:11 PM PST by WhiskeyX
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To: No Dems 2016

Study this so you can at least argue from an informed standpoint:

http://www.freerepublic.com/focus/f-news/2840767/posts


33 posted on 01/14/2016 12:22:19 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: WellyP

Anchor babies are children born to illegal aliens.


34 posted on 01/14/2016 12:23:31 PM PST by RobbyS (quotes)
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To: Georgia Girl 2

Natural born citizen means citizen at birth. There is no mysterious natural law that confers citizenship because citizenship itself is a legal construct. There are two and only two kinds of citizenship — natural born and naturalized. Who is natural born, who is naturalized, and how they are naturalized is within the purview of Congress. And the Constitutional laws Congress has enacted make Cruz eligible to be president.


35 posted on 01/14/2016 12:26:03 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: RobbyS

Doesn’t matter!!! Rubio’s parents WERE NOT CITIZENS of the USA at the time of his birth, both were Cuban Citizens holding ONLY Cuban Passport.


36 posted on 01/14/2016 12:27:12 PM PST by WellyP (question!)
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To: WhiskeyX

Thank you for the correction and enlightenment. I was more thinking of Cruz’a mother, since the post I replied to referred to Arthur’s father.


37 posted on 01/14/2016 12:27:14 PM PST by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: Pikachu_Dad
You're not following me. Rubio's situation would let a person born legally in the US but with not citizen parents be president. Cruz's situation would let a person not born in the USA with only one citizen parent be president. Put the two situations together, and a person could be not born in the USA and have no citizen parents and still be president. Obama's situation allowed a person born in the USA with only one citizen parent (even though that parent wasn't yet 21) be president. Put it all together, and it sure does look like an invisible hand is guiding us to no requirements except US citizen to be president.

It's not a "strawman" argument. It's a logical consequence of a combination of hypotheses.

38 posted on 01/14/2016 12:30:17 PM PST by grania
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To: grania

Oh I followed you. It does not work like that.

Your logic is not accurate.


39 posted on 01/14/2016 12:39:13 PM PST by Pikachu_Dad ("the media are selling you a line of soap")
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To: Pikachu_Dad
Your logic is not accurate

Please, tell me where. What I'm saying is a different case will be used for each part to establish a precedent. Once the precedents are established they can be combined with the horrific, ridiculous result I described.

There's no point in us discussing it further. We disagree.

40 posted on 01/14/2016 12:42:38 PM PST by grania
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