Thursday, February 11, 2016
IS NATIVE-BORN MARCO RUBIO A NATURAL-BORN AMERICAN OR IS RUBIO ANOTHER CANDIDATE INELIGIBLE TO SWEAR THE PRESIDENCY OATH LIKE NATURAL-BORN CANADIAN TED CRUZ?
Back in January, I shared with you NATURAL-BORN U.S. CITIZENS. READ SNIPPETS FROM RECOGNIZED AMERICAN WORKS ON THE TOPIC INCLUDING CITED CASES.
As well, I have shared with you all of the legal reasons why the natural-born Canadian Ted Cruz is ineligible to become president of the United States of America in these:
✓ TAKE OFF, EH. IS TED CRUZ IS A NATURAL-BORN CITIZEN? PUNDIT LAWYERS GET THIS SO WRONG, THE HOSERS.
✓ TED CRUZ COULD HAVE BEEN IN THE HIGHEST SERVICE TO HER MAJESTY, QUEEN ELIZABETH II, IN CANADA. SO HOW CAN TED BE PRESIDENT OF THE USA?
✓ THE TED CRUZ CRIB SHEET. THE 34 REASONS WHY TED ISN'T NATURAL-BORN AND CAN'T BE THE PRESIDENT OF THE UNITED STATES
✓ WAS TED CRUZ A U.S. CITIZEN AT BIRTH? THE MCCARRAN-WALTER ACT (THE IMMIGRATION AND NATIONALITY ACT OF 1952) WHICH THE RULED OVER HIM SAYS MAYBE, BUT IT ALSO COULD HAVE STRIPPED HIM OF CITIZENSHIP
Marco Rubio is a native-born U.S. citizen. That is not in question. Yet, being native-born does not equate with being natural-born.
All courts would recognize Rubio as a native-born under the 14th Amendment as well as under Congress' naturalizing law, 8 U.S. CODE § 1401. However, the purpose of the the 14th Amendment was to impose upon the states prohibition of passing laws that could strip ex-slave Americans of the full and equal protection of any law. The 14th Amendment fails to make anyone natural-born.
For more on the 14th see below. For more on 8 U.S. CODE § 1401, check out: THE 8 U.S. CODE § 1401 DEFENSE OF TED CRUZ FAILS TO SUPPORT CRUZ' NATURAL-BORN CITIZENSHIP, BUT DOES MAKE HIM A CITIZEN.
A key concept of being natural-born is natural allegiance. Natural allegiance arises from jurisdiction and citizenship of parents.
A.O. Wright wrote, "A child born of American parents in any place under American [Congress] jurisdiction is unquestionably a natural-born American citizen." And when you think about it even without being a lawyer, this should seem right. If your parents are U.S. citizens and you're born in any of the 50 states or if you were born in any of the organized, incorporated territories of the United States, you're natural born.
Today, the USA lacks organized, incorporated territories. The last two became the states of Hawaii and Alaska.
When Marco Rubio was born, both of his parents were natural-born Cubans and citizens of Cuba residing within Florida, clearly a state of the United States of America. Marco Rubio's parents had natural allegiance to Cuba. They could have worked as spies for the Communist Castro Cuban government. They could have been sent to produce a Manchurian candidate.
As Rubio's parents lacked natural allegiance to Congress and as their natural-born son, that is, not adopted son, it's quite likely that Rubio also lacked natural allegiance to Congress in spite of being born under the jurisdiction of Congress.
Thus, it's quite likely that Marco Rubio is not a natural-born American and therefore, like natural-born Canadian Ted Cruz, Marco Rubio cannot swear the oath of office for the presidency of the USA.
It is the lack of citizenship of his parents that calls into jeopardy Marco Rubio's eligibility to run for the presidency.
And though many would like this to mean the entire Obama presidency has been illegal, it's not likely as Obama's mamma was a natural-born U.S. citizen.
Here is an interesting video from a woman who bills herself as Publius Hudlah. Hudlah publishes her work at Publius-Huldah's Blog
Natural Born Citizen Explained! from Publius Huldah on Vimeo.
Section 1 of the the Fourteenth Amendment states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life liberty or property without due process of law nor deny to any person within its jurisdiction the equal protection of the laws.
In The Constitution of the United States: Notes of the Decisions of the Supreme Court Thereon from the Organization of the Court till October, 1900 Edwin Eustace Bryant wrote:
In Our Constitution: Why and How it Was Made - Who Made It, and What It Is, Edward Waterman Townsend wrote: