nChrist
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« Reply #1 on: March 12, 2012, 04:41:01 PM » |
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________________________________________ The Patriot Post Brief 3-12-2012 From The Federalist Patriot Free Email Subscription ________________________________________
"I applaud Mark Alexander's column, 'The Politics of Self Destruction8,' for boldly exposing how we, as Republicans, can be our own worst enemies. While most of the reader comments supported that thesis, some demonstrated it. Alexander mentioned a couple of vice presidential prospects, including Marco Rubio, and some readers objected, saying that Rubio is no more eligible than Obama. As both an advocate of our Constitution and an attorney specializing in immigration, I can attest to the fact that Rubio most certainly would qualify under the plain language of our Constitution and its Fourteenth Amendment, as a 'natural born citizen.' Further, there is no legal comparison between the controversy about Obama's citizenship which questions where he was born (unfounded in my opinion), and Rubio's citizenship based on the legal status of his parents. The latter, in fact, did have legal status at the time of Rubio's birth. Finally, as a Florida citizen, let me just say that I do not think Marco Rubio would agree to be on a presidential ticket with Mitt Romney, but that is another discussion." --From the Sunshine State
Alexander's Reply: As noted in reply to the first objection to Rubio, for the record, Marco Antonio Rubio was born May 28, 1971, in Miami, Florida. His parents were resident aliens at the time of his birth, seeking and soon to receive their status as naturalized U.S. citizens. You may correctly assume that, because Rubio's parents were in the United States legally and thus, "subject to the jurisdiction thereof," he does qualify as a natural born citizen while under the same clause, the children of illegal aliens are most decidedly not "natural born citizens of the United States." If you do not understand this assertion, read on.
Regarding "birthright citizenship," let me offer a few unadulterated facts. Article II, Section 1 of the Constitution as ratified in 1789, states: "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."
By all accepted definitions of citizenship at the time, Marco Rubio is a "natural born citizen," as were, similarly, our ancestral Founders.
After the War Between the States, the Civil Rights Act of 1866 was passed to ensure that slaves born in the U.S., and legally subject to its jurisdiction, had the same rights of citizenship as all Americans. It stated, "All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States."
Concerned about the integrity of the Civil Rights Act given the Supreme Court's decision a decade earlier in Dred Scott v. Sandford denying citizenship to blacks, and that some future Congress would reverse this legislation, the 14th Amendment was proposed to ensure rights of citizenship. In the plain language of its authors, those who are born to parents legally in the U.S., whose parents have no allegiance to a foreign power (as diplomats), are thus, "subject to the jurisdiction thereof," and have claim to birthright citizenship. (This would clearly exclude those born to illegal aliens.)
By the constructionist interpretation of the 14th Amendment, Marco Rubio is, indeed, a "natural born citizen."
The Rule of Law as outlined by the 14th Amendment stood until 1982 when it was adulterated by judicial activists who concluded in Plyler v. Doe, that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful." By extension, that interpretation opened the floodgates for "anchor babies," a gate that should be closed -- but that would require a judiciary that abides by its oath to uphold the Rule of Law.
Thus, as adulterated, not only is Marco Rubio a "natural born citizen," but so is every other child of immigrants born in the U.S., regardless of whether their parents entered the U.S. legally or illegally. However, there is no comparison between the questions of Obama's citizenship and that of Marco Rubio, which seems to have inspired some reader comments. The legitimate questions about Obama's citizenship are based on where he was actually born -- as posited by some who argue he was not born in the United States. (I would note that enormous political capital has been thrown down this rathole for the last four years, much to the detriment of the campaign to defeat Obama.)
For further reading, I have authored several essays on this subject, including "On the Fourteenth Amendment9," and more particularly, "Birthright Citizenship?10" and "Immigration Policy: 'Subject to the jurisdiction therof'11."
Now, for those so predisposed, you may resume the effort to self-destruct, but understand that effort is worth more to Obama's re-election than any ad share he can buy.
"In response to Friday's Digest12 about Sandra Fluke and the contraception issue, Insurance, including health insurance, is designed as a safety net so that a family, individual or organization won't suffer financial devastation in the case of an unforeseen event, such as illness, injury or other medical malady. The coverage generally pays for treatment associated with the condition, as long as such coverage is deemed appropriate by the medical community. Please tell me, for what medical malady would contraception provide treatment?" --Steve
The Last Word
"At times, I find myself wondering if, after a thousand postings, I will eventually run out of things to carp, whine and scream about. I should only be so lucky, for it would mean that liberalism had finally all but vanished from our nation's capital, and the likes of Barack Obama, Harry Reid , Nancy Pelosi, Maxine Waters, Henry Waxman, Sheila Jackson Lee, Patty Murray, Charles Schumer and Pat Leahy, had all been returned to the various zoos from which they'd been on loan. In the spirit of bi-partisanship, I would acknowledge that there are a fair number of naïve bumpkins in both parties. Although they are far more numerous in the voting blocs of Democrats, even in the GOP there are those I refer to as Utopians. Whereas on the Left, such lunkheads tend to think that if only a thousand more laws are enacted, we will achieve Nirvana; on the Right are those who believe there is an ideal presidential candidate who will somehow combine the best elements of George Washington, Abe Lincoln and Ronald Reagan. Anything short of that and they threaten to stay home and sulk on Election Day, even if the alternative is to allow an international disaster like Obama to be re-elected." --columnist Burt Prelutsky13
Semper Vigilo, Fortis, Paratus et Fidelis! Nate Jackson for The Patriot Post Editorial Team
(Please pray for our Armed Forces standing in harm's way around the world, and for their families -- especially families of those fallen Soldiers, Sailors, Airmen, Marines and Coast Guardsmen, who granted their lives in defense of American liberty.)
Links
http://blog.heritage.org/2012/03/08/morning-bell-the-calls-for-liberty-have-not-been-silenced/ http://patriotpost.us/edition/2012/03/12/brief/#post-comment http://patriotpost.us/opinion/michelle-malkin/2012/03/07/the-war-on-conservative-women/ http://reagan2020.us/ http://patriotpost.us/opinion/walter-e-williams/2012/03/07/it-just-aint-so/ http://patriotpost.us/opinion/thomas-sowell/2012/03/07/iran-and-obama/ http://patriotpost.us/opinion/ken-blackwell/2012/03/07/just-words-mr-president/ http://patriotpost.us/alexander/2012/03/08/the-politics-of-self-destruction/ http://patriotpost.us/alexander/2000/01/01/on-the-fourteenth-amendment/ http://patriotpost.us/alexander/2010/08/26/birthright-citizenship/ http://patriotpost.us/alexander/2007/06/08/immigration-policy-part-2-of-2-subject-to-the-jurisdiction-therof/ http://patriotpost.us/edition/2012/03/09/digest/ http://patriotpost.us/opinion/burt-prelutsky/2012/03/12/cataloging-liars-loons/
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