Sunday, April 22, 2012

Can Marco Rubio be the vice president?

Marco Rubio - Caricature

Marco Rubio is not a "natural born citizen" and ineligible to be POTUS. Rubio was born in Cuba to Cuban parents.  Cuba was a US protectorate prior to the Castro revolution. There is an interesting Usenet discussion in alt.politics about his possible candidacy for vice president.

PeaJayÖDمدفوع пеајаиöд   in alt.politics wrote:

..Rubio is ineligible under Article 2 of the Constitution, which says"no person except a natural born citizen … shall be eligible to the Office of President." The rub is that "natural born citizen" was never defined...."Marco Rubio was born a Cuban citizen via his parents," screams a headline..."

Info junkie in alt.politics wrote about the legal definition of natural-born citizenship as defined from actual cases ruled upon by the Court: 

Citizenship is membership in a political society, and implies a duty  of allegiance on the part of the member and a duty of protection on the part of the society. These are reciprocal obligations, one being a compensation for the other. Under our Constitution, a naturalized citizen stands on an equal footing with the native citizen in all respects save that of eligibility to the Presidency.
Minor v. Happersett, 21 Wall. 162

The definition was confirmed in Ex Parte Lockwood, 154 U.S. 116: “In Minor v. Happersett, 21 Wall. 162, this court held that the word ‘citizen’ is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since;”

...and re-affirmed in Luria v. United States, 231 U.S. 9 (1913).

Through its ruling of Ex Parte Lockwood, the Court confirmed the case of Minor v. Happersett set as precedent the definition of federal citizenship when it delivered as part of its holding with the words:b"this court held". Nowhere in Wong Kim Ark did the Court overturn this ruling or claim the definition used in that case was changed.

Bottom line: A natural-born citizen is the child who was both under US jurisdiction and whose parents are BOTH citizens (I make no distinction of naturalized or natural-born parents) . US Senator Mario Rubio (R-
Florida), while a citizen of the US, does not qualify as natural born citizen.

Rubio  would therefore be unable to fulfill the primary duty of a vice president which is to be become the president when required.

The issue is that if the president were to be impeached or die, a "naturalized vice president" would not be able to take over the responsibilities of the presidency.

A Rubio vice presidency would be pointless and unconstitutional. From a practical perspective, the Speaker of the House is in the presidential line of succession after the the VP.

The Democrats believe their chances are good to retake the house in 2012.

The implication would be if the president were to die or be impeached, the Speaker of the House would be the successor.

Update: Lisa King-- Actually he was born in Miami to Cuban citizens who were naturalized 4 years after he was born. His older brother Mario was born in Cuba.

Rightardia: Since Rubio's parent were not naturalized until after he was born, he would be ineligible to succeed the president.

art: DonkeyHotey Anyone can see this photo AttributionShare Alike Some rights reserved

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