Image Image Image Image Image Image Image Image Image Image
Scroll to top

Top

12 Comments

Birthers: Florida Senator Marco Rubio is not a Natural Born Citizen and Not Eligible to be President

Birthers: Florida Senator Marco Rubio is not a Natural Born Citizen and Not Eligible to be President

Activists known as birthers, those who believe Barack Obama is not a U.S. Citizen and therefore ineligible to be president, are rallying against U.S. Sen. Marco Rubio, the Cuban-American freshman senator from Florida, according to a St. Petersburg Times report.

Birthers say Rubio, who was born in Miami, is ineligible to be President under Article 2 of the Constitution, which says “”no person except a natural born citizen … shall be eligible to the Office of President,” the article reports.

“Marco Rubio is not now and never can be a Natural Born Citizen because his [Cuban] parents were not citizens at the time he was born …,” the blogger “Obama Release Your Records” recently posted, as cited by NY Daily News Columnist Albor Ruiz.

Birthers believe that “natural born” means a person born to U.S. citizens, according to the article. Rubio was born in 1971 at Cedars of Lebanon Hospital, his office said, but his parents did not become citizens until 1975.

Prominent birther, Orly Taitz recently met with Sen. Rubio’s staff during a visit to Washington.

“We need the court to finally adjudicate this issue, who is a natural born citizen,” Taitz, a California dentist and lawyer told the St. Petersburg Times. Taitz has a lawsuit in the 9th U.S. Circuit Court of Appeals challenging the authenticity of the long-form birth certificate Obama released in late April in an attempt to quell a growing firestorm. The suit also seeks clarity on Article 2 language.

Taitz said Wednesday that she believes Rubio is ineligible to be president, though she several times resisted answering a “hypothetical.”

Rubio didn’t answer questions about his eligbility to be president, but his office says yes, he considers himself a natural born citizen.

 

The Birthers have released a video defending their view on Rubio:

Tell us what you think in the comments below or on:
  • Instagram @DosLives
  • Twitter @DosLives
  • Facebook.com/DosLives
  • The following two tabs change content below.

    Jon

    Jon Byington manages the editorial and business operations for DosLives.com. Jon is also on Google +
    • mark stroempl

      i saw you on cnn today criticising the president on his handling of libya.. as a fellow republican i have you on my list of people that are too stupid to hold public office.

    • Szentelira

      A “natural-born citizen” is “born in the country, of parents who are citizens” (Minor v. Happersett, 1875).
      As a consequence, “Birthers” who believe that “Obalma” is not a “natural-born citizen”, not legally “President” and belongs in jail, do not necessarily believe the CriminaUsurper is “not a citizen”.
      Yet they know that

    • July0006

      “Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”

      William Rawle, 1826

    • VIVA RUBIO!

      What a HIT piece this is on Rubio! You lost me when you posted that his brother in law was a drug dealer. Marco was 14 at the time when his brother in law was a drug dealer. SO! Marco was born in Miami and that makes him NATURAL BORN!
      “Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”

      William Rawle, 1826

    • RacerJim

      @ July0006 & VIVA RUBIO!

      Not only is Minor v Happersett a Supreme Court ruling, as opposed to William Rawle’s opinion, but the former was issued 49 years after the latter.

      Furthermore, in 1866, 60 years after William Rawle’s opinion, John Bingham, the accepted primary framer of the 14th Amendment, opined on the floor of the U.S. House of Representatives:

      “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; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance, is not and shall not be a citizen of the United States.”

      Not only is Marco Rubio ineligible to be POTUS/V-POTUS for the same reason Barack Obama isn’t but so are Bobby Jindal and Mitt Romney.

      America is either still a nation of laws not men or it isn’t. Don’t like the law(s)? Change the law(s) as the law(s) allow.

    • July0006

      Racer Jim,

      Minor v. Happersett did not define the term “natural born citizen”, the court deliberately left the question unanswered. The case was about voter rights not citizenship. Wong Kim Ark is the case that settled the issue regarding the term “natural born citizen”.

      As to William Rawle’s quote, he shows us what the Founders understood the term natural born to mean. And this is important, as Justice Scalia wrote,

      “What I look for in the Constitution is precisely what I look for in a statute: the original meaning of the text, not what the original draftsmen intended” (A Matter of Interpretation, Federal Courts and the Law, 1997)

      William Rawle tells us the “original meaning of the text”.

      But there is more from Rawle. In the same paragraph, he writes,

      “Under our Constitution the question is settled by its express language, and when we are informed that, excepting those who were citizens, (however the capacity was acquired,) at the time the Constitution was adopted, no person is eligible to the office of president unless he is a natural born citizen, the principle that the place of birth creates the relative quality is established as to us.”

      Place of birth creates the relative quality of being natural born. Compare that with what James Madison said,

      “It is an established maxim that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general, place is the most certain criterion; it is what applies in the United States”, 1789

      Place of birth is the “most certain” criterion for allegiance.

      We can also see what the members of the Founding generation thought about place of birth from Zephaniah Swift’s writings on the laws of Connecticut.

      “The children of aliens born in this state are considerded as natural born subjects and have the same rights with the rest of the citizens.“

      See Jim, the people alive in the United States in the 1780′s understood “natural born” to mean anyone born in the country without regards to the status of the parents.

    • trent1280

      These are joyous times.

      The lunatic Orly (“America’s worst lawyer”) Taitz has just lost three more court cases. Her fellow birther crackpots are now attacking Sen Rubio.

      Who he? A Tea Party Republican with a promising national career ahead of him.

      These crackpots are so deranged by their hatred of Mr Obama that, frustrated in their efforts to forge more ‘Kenyan’ birth certificates, etc etc, they are now spewing vitriol at one another.

      Meantime, birthers Kreep, Liberi, Berg and Lincoln are suing Taitz herself! World News Daily has turned on the lunatic Taitz and heaps money, champagne and luxury cruises on Kreep et pal.

      And now this! Birthers have made an enemy of Sen Rubio. Amazing.

      Most Americans thought that Sarah Palin was the most ridiculous dunce in American politics. The latest developments in Birtherstan may yet save Palin’s ‘reputation’.

      Joyous times.

    • Jim Delaney

      It’s possible there is an honest and objective difference of opinion on the issue of nbc. However, little of what I’ve seen in the way of commentary and analysis I have read persuades me that all are being honest and objective, most particularly those who are so dismissive of anything suggesting that nbc might not be eligible.

      As for me, I will stick with founder Thomas Jefferson’s definition of who is a citizen (much less a nbc) and 14th framers Sens Howard’s and Bingham’s opinions in that regard. The rest is flotsam and prattle.

    • Jim Delaney

      Let me try that again.

      It’s possible there is an honest and objective difference of opinon the issue of nbc. However, little of what I’ve seen in the way of commentary and analysis persuades me that all are being rigidly honest and objective, most particularly those who are so dismissive of any thoughtful suggestion that Obama may be ineligible.

      As for me, I will stick with founder Thomas Jefferson’s definition of an alien (look it up) and the clearly, unequivocal enunciations of 14th framers Senators Howard and Bingham on the subject of who is and who is not a citizen and nbc respectively.

      The rest is flotsam and ideological prattle.

    • July0006

      “I will stick with founder Thomas Jefferson’s definition of an alien”

      Jefferson drafted the citizenship law for the State of Virginia in 1779.

      “Be it enacted by the General Assembly, that all white persons born within the territory of this commonwealth and all who have resided therein two years next before the passing of this act, and all who shall hereafter migrate into the same; and shall before any court of record give satisfactory proof by their own oath or affirmation, that they intend to reside therein, and moreover shall give assurance of fidelity to the commonwealth; and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth”

      Notice he says “all white persons born within the territory of this commonwealth”. He doesn’t say all white people born of citizen parents. Even though he uses that language when talking about children of Virginia citizens born elsewhere.

      So when did he change his mind.

      Oh and BTW he wasn’t at the Constitutional Convention

    • Deborah

      Would someone please tell Sean Hannity that Marco Rubio is not eligible to be POTUS or VP according to the Constitution and the Founding Fathers !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    • Really informative blog post.Thanks Again. Keep writing.