Posted on 10/28/2011 6:51:44 PM PDT by Kaslin
Buried by Howard Dean & the DNC & Pelosi & other ‘leaders’.
With ‘leaders’ like that- who needs enemies???
What actions and by whom would you like to see to keep him out of the office of Vice President?
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.
Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v. Sandford ruling by the Supreme Court (1857) that held that blacks could not be citizens of the United States.[1]
Section 1 formally defines citizenship and protects a person's civil and political rights from being abridged or denied by any state. This represented the overruling of the Dred Scott decision's ruling that black people were not, and could not become, citizens of the United States or enjoy any of the privileges and immunities of citizenship.[2] The Civil Rights Act of 1866 had already granted U.S. citizenship to all persons born in the United States, as long as those persons were not subject to a foreign power; the framers of the Fourteenth Amendment added this principle into the Constitution to prevent the Supreme Court from ruling the Civil Rights Act of 1866 to be unconstitutional for lack of congressional authority to enact such a law and to prevent a future Congress from altering it by a mere majority vote.
This section was also in response to the Black Codes that southern states had passed in the wake of the Thirteenth Amendment, which abolished slavery in the United States.[3] The Black Codes attempted to return former slaves to something like their former condition by, among other things, restricting their movement, forcing them to enter into year-long labor contracts, prohibiting them from owning firearms, and by preventing them from suing or testifying in court.[4]
Finally, this section was in response to violence against black people within the southern states. A Joint Committee on Reconstruction found that only a Constitutional amendment could protect black people's rights and welfare within those states.[5]
There are varying interpretations of the original intent of Congress, based on statements made during the congressional debate over the amendment.[6][7] During the original debate over the amendment Senator Jacob M. Howard of Michigan—the author of the Citizenship Clause[8]—described the clause as having the same content, despite different wording, as the earlier Civil Rights Act of 1866, namely, that it excludes Native Americans who maintain their tribal ties and "persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers."[9] According to historian Glenn W. LaFantasie of Western Kentucky University, "A good number of his fellow senators supported his view of the citizenship clause."[8] Others also agreed that the children of ambassadors and foreign ministers were to be excluded.[10][11] However, concerning children born in the United States to parents who are not U.S. citizens (and not foreign diplomats), three Senators, including Senate Judiciary Committee Chairman Lyman Trumbull, the author of the Civil Rights Act, as well as President Andrew Johnson, asserted that both the Civil Rights Act and the Fourteenth Amendment would confer citizenship on them at birth, and no Senator offered a contrary opinion.[12][13][14]
To make it more clear. Children born to foreigners that are Ambassadors and ministers of their countries are citizens of their countries.
On the other hand children born to immigrants, who are not yet citizen and are not Diplomats and ministers of their countries are automatically US Citizen. Marco Rubio's parents were private citizen of Cuba and not diplomats or ministers
Those with integrity will step up and declare “I am not eligible”, beyond that I have no answer. There seems to be a great dearth of integrity in many officials.
The argument is not that Rubio is not a citizen, but that he is not a special category of citizen called “natural born.” The 14th does not address that at all. The argument stems from a property of law where certain terms of art become shorthand for full blown legal concepts. If one accepts that “natural born citizen” was such a term of art, then the debate turns on discovering the legal concept the constitutional authors intended to convey by using that phrase, if one is a constitutional originalist, that is. Many believe that term has its origins in Vattel’s Law of Nations, an early attempt at international law. There are counterarguments, but I am not sure they disprove the point. In any event, an appeal to the 14th is largely irrelevant to the determination. Furthermore, I believe the Constitution is too important to get light treatment for the sake of political expediency. That is how we got where we now are, and we need to walk it back, even if it puts into question the presidential aspirations of a solid citizen and patriot, as Mr. Rubio no doubt is.
Okay. I appreciate your response.
I never said that he was not a citizen. The 14th Amendment only addresses being a “citizen” In “Minor v. Happersett”, the Supreme Court said that to be a Natural Born Citizen, you must have two citizen parents.
I fully agree that when Rubio’s parents received their citizenship, Rubio also became a “citizen”. Just NOT a Natural Born Citizen.
“He is a US citizen just like the anchor babies.”
Citizen....yes. A good Conservative voice? Yep.
Article II eligible??????.....Nope. Sorry.
” If Obama can sit in the White House, I see no problem with Rubio.”
Which is exactly the reason people challenge Obama on his eliginility......Neither man meets the Constitutional requirements for the Presidency......
Tit for tat reasoning is no reason at all. At this point removal of Obama on constitutional grounds would be difficult approaching impossible. My hope is that the USSC will, upon Obama’s departure, rule on this matter.....You can be sure that id either Jindal or Rubio announce their candidacy the Democrats will challenge them on Constitutional grounds.....just as they did with McCain in the Senate.
“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”
This tells me that you must have two citizen parents:
“it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens,”
Look, I’m not a lawyer or any kind of legal expert. I base my beliefs on what I read and what I know.
I spent many years conducting background investigations for government security clearances. I know the requirements and since the President has the highest clearance and access of anyone in the country, he has to meet those requirements also. Mr. obama and Sen. Rubio do not meet those requrements. They would not even be eligible for a Confidential clearance.
I will not be able to make you see the truth and you will not be able to get me to change my mind. So, this is over.
I will NOT vote for any ticket that has obama or Rubio on it.
Your opinion is fine. Your claiming that the Happersett decision limits NBC to people with two citizen parents is not. Have a great weekend.
“Where was this line-by-line fact-checking in 2008?”
Busy being buried by the media, cowardly Republicans, and liberal lower court judges...... none of which is a valid excuse for Obama running again .......Lets do something crazy....lets follow the Constitution....... Nuts huh?????
” Obama’s mother was underage when Barry was born.”
That is only relevant if Obama was born overseas. If born in Hawaii, assumed as per the Obama life story narrative, the age of the mother is immaterial.
“Obama was not qualified....”
There are no qualifications for the Office of the President except electoral success.
There are however, eligibility requirements. Obama does not meet the Constitutional, Article II requirements.
“I respect and admire Rubio, but that does not make him eligible and I will not vote for a Presidential ticket that has him on it.”
I agree. Count me as a Constitution upholding crazy ole coot too!
Correct you are. However the main issue is BOTH parents being US citizens. I just threw that in in case his BC is proven to be fake. If she was not on US soil during birth, it matters.
“We need Marco Rubio on the GOP Ticket.”
Sorry, no.
Marco, while being a strong Conservative voice in the Senate, has yet to demonstrate executive leadership abilities, even to be the Majority/Minority leader in the Senate. The two qualities are not the same.
Besides he is Constitutionaly ineligible, hence his oft stated declining to consider running.
Touting the Conservative voice de jour as the next president is a trait I do not find attractive. It implies a certain lack of critical and reasoned thought, and labels the touter as one too lazy to do the long term work of a patriot.
Hoping for a silver bullet in the form of this or that person as president illustrates a basic ignorance of how our goverment works, and how it was intended to work. Sorry, but the President, no matter what Obama, or others, think, is not the King or Dictator........he wasn’t elected to “rule.”
While being both the Head of Goverment, and the Head of State, the President is more of a figurehead with Influence write large. The real work of Goverment happens in the legislature. That is where all goverment policy on taxes, foriegn affairs, War, the economy etc. starts....
Can we agree to consentrate on electing conservative voices in our state and federal legislative offices first????
Marco Rubio fills one of those positions now, lets send help him in righting our ship of state in the 2012 election cycle.
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