MARCO RUBIO'S QUALIFICATIONS FOR PRESIDENT
(photo courtesy of Wikipedia)
Let us take a look at Marco Rubio's basic qualification for holding the office of The President of the United States: He was born in Miami, Florida in 1971. His parents were born in Cuba. They came to America in 1956 and became naturalized American citizens in 1975. Basically, that is all the facts you need. He is not a natural born American, thus, he does not have the qualifications to become President of the United States. He is what is locally referred to as an "anchor baby", and was born a child of Cubans. You could even argue that he is a foreigner.
QUALIFICATIONS TO HOLD OFFICE OF PRESIDENT OF THE UNITED STATES
Qualifications to hold the office of The President of the United States:
1) must be a natural-born citizen of the United States
2) must be at least thirty-five years old
3) must have been a permanent resident in the United States for at least fourteen years
The 14 Amendment of the U. S. Constitution, which was part of the post civil war reforms, was ratified to offer protection to slaves and children of slaves in 1868. There was no limit on immigration at that time, so there were no illegal immigrants. The 14th Amendment offered to protect the rights of native born Black Americans, whose rights were being denied as recently freed slaves. I am sure Sheila Jackson Lee could testify to this, as she has said she is a freed slave. The amendment was written in a way as to prevent state governments from ever denying citizenship to Blacks born in the United States.
Senator Jacob Howard clearly spelled out the intent of the 14th Amendment in 1866 (two years earlier during the discussion on the amendment) by stating, "Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
Senator Howard's statement was reaffirmed by Senator Edgar Cowan, who stated: "A foreigner in the United States has a right to the protection of the laws; but he is NOT a citizen in the ordinary acceptance of the word..." Which clarifies the phrase "subject to the jurisdiction thereof" to exclude people born in America from automatic citizenship whose allegiance to the United States was not complete, i.e. foreigners. (They have not applied for citizenship and gone through the process of becoming an American.) With illegal aliens, who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship.
There were also challenges that reached the Supreme Court to include foreigners who were non-citizens but were in America lawfully: 1898 - United States vs Wong Kim Ark, and 1884 - Elk vs Wilkins.
The bottom line is that he is not considered to be a natural born citizen since his parents were not citizens at the time of his birth. This prevents him from being eligible to hold the office of The President of the United States. Natural born citizens are assumed to hold allegiance to their country of birth.
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