Asking Marco Rubio: Constitutionally Ineligible to be President, So Why Talk VP?

Contrary to the obdurate ignorance, crafty obfuscation, and outright deceit played out in the progressive saturated media and both tainted political parties, the presidential requirement of being a “natural born Citizen” is clear. (The word, “Citizen” is capitalized in this article as in the Constitution, because an American Citizen is this republic’s essential and Sovereign Ruler.)

By evidence of the use of that term at the time of the framing of the Constitution and by Supreme Court precedent since, a “natural born Citizen” is a special subset of American Citizen, for whom the following are all true:

  • both parents were Citizens of the United States of America at his or her birth
  • he is born in U.S. territory (edit: this could possibly be disputed as not a criterion, but that would be difficult)
  • he has never given up his Citizenship (which would necessitate being naturalized to reinstall Citizenship, having forsaken any natural born status)

This has been treated in Gulag Bound’s, “‘Natural Born Citizen for Dummies’ v. Dummy v. the United States of America” and at the sites featured in that article. Eligibility attorney, Mario Apuzzo has also assembled the necessary explication of this in his August 21st, “The Rule of Law and the “Natural Born Citizen” Clause.”

Yet, for some reason in this electoral pre-season (idleness?) there is much talk of Marco Rubio as a potential Republican candidate for vice president in 2012. Why, we are told that just last night, author (and lawyer!) Ann Coulter showed her selective conservatism in gushing about just that idea to Sean Hannity, on Fox News. Citizen Rubio is an extraordinarily able U.S. senator, but can a vice president be elected who is not eligible to be president?

You see, Senator Rubio’s father was not a U.S. Citizen when little Marco was born, as constitutional patriot, CDR Charles Kerchner (Ret) points out.

And the answer is no, by courtesy (and foresight) of the framers of the Constitution’s 12th Amendment, which ends, “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

Oh, “but no.”

Also just yesterday, Sam Sewell, of the blog, The Steady Drip, not only mused about this subject, but did something about it.

My email to Marco Rubio – Are you eligible or not?

I have been defending Marco on conservative forums. The complaint is that Marco has not overtly offered any opinion on whether or not he is eligible for the office of Vice President ot President.

If Marco makes it clear that he sees himself as not eligible it would undermine Obama’s presidency and his credability in 2012. He doesn’t need to say a thing about Obama.

His detractors are saying that he is deliberately avoiding the issue and that he is not being candid for political reasons. I don’t believe that.

So I am asking Marco to openly declare his opinion about his own eligibility to be Vice President or President.

Below is some history on the issue and the opinions offered in a senate hearing in 2008:

On April 10, 2008, Sens. Patrick Leahy (D-VT) and Claire McCaskill (D-MO) introduced a resolution expressing the sense of the U.S. Senate that presidential candidate Sen. John McCain (R-AZ) was a ‘natural born Citizen,’ as specified in the Constitution and eligible to run for president. Sen. McCaskill knew Obama was not a natural born citizen, that’s why she introduced this bill — dressing it up to look like it was in Sen. John McCain’s cause.

It was during the bill’s hearing that Sen. Patrick Leahy, Chairman of the Senate Judiciary Committee, made the following statement:

“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”

At a Judiciary Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.

“My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied.

“That is mine, too,” said Leahy.

What’s interesting here is that Sen. Leahy, the Chairman of the Senate Judiciary, confirms that a “natural born” citizen is the child of American citizen parents.

Parents — that’s two. That’s BOTH parents.

Every time the words, “citizen” and “parent,” are used by Sen. Leahy and Sec. Chertoff, the plural case, “citizens” and “parents,” is used. The plural case is the operative case.

And so, fellow Floridian Sam is asking that man if he really understands, about his ineligibility.

However, another eligibility activist informs we have already been given a wrong answer by a media aide to Senator Rubio. So one Citizen defender of the Constitution, Ms. Kandy Ricotta wrote to Mr. Borgos.

August 25, 2011

Dear Alex Burgos,

It is with great concern and disappointment that I read the article on WND this morning concerning Senator Rubio’s natural born citizenship. What alarms me is the following statement made by you:

Rubio’s press secretary Alex Burgos told WND the Senator’s parents “were permanent legal residents of the U.S.” at the time Marco was born in Florida in 1971. Then four years after Marco was born, “Mario and Oriales Rubio became naturalized U.S. citizens on Nov. 5, 1975,” Burgos indicated.

When asked specifically if Sen. Rubio considered himself to be a natural-born citizen, Burgos responded, “Yes.”

Sir, his parents being “permanent legal residents of the US” at the time of his birth does NOT qualify Senator Rubio as a “natural born” citizen. The very fact that his parents became naturalized citizens four (4) years AFTER the Senator’s birth, tells us that they were NOT US Citizens (citizens, not legal residents) when he was born, and therefore, according to Article II, Section 1, Clause V of our Constitution, Senator Rubio is NOT ELIGIBLE TO BE VP/PRESIDENT OF THE UNITED STATES! You MUST do your homework on this before you make any further blind statements! Save yourself, and especially Senator Rubio, a lot of grief, by truly learning and understanding the meaning of NATURAL BORN CITIZEN.

I strongly suggest you contact and discuss this with the leading expert on Natural Born Citizenship, Mario Apuzzo, Esq. Below is his contact information, as well as his blogsite, through which you can familiarize yourself with his writings. I KNOW he would be most willing to communicate with you about Senator Rubio’s natural born citizenship status, if you so desire. Rest assured, Mr. Burgos…America is watching the outcome of this extremely important matter concerning Senator Rubio, so I would highly recommend that you address this and set the record straight now, rather than later.

Thank you, Alex, for taking the time to research this vitally important issue!

Kandace J. Ricotta

After these years of suffering under an apparently fictitious president, one may see reason for Ms. Ricotta to be emphatic.

After all, throughout his life, Barack Obama has shown himself a close ally of subversive Marxists and Islamists.  And now he clearly seems intent upon running America into insolvency — a globally dependent “failed state,” rife for ginned up revolution, as he further establishes by executive order, his structural Marxism of soviet-style, governmental councils.

And so, is it too much to wait in good faith with the expectation of finding perspicacity and integrity in Senator Rubio? Will he himself, be a faithful public servant and just tell the politically fundamental truth — literally and reverently “for God’s sake?”

And can America tell itself the truth?

Author and blogger, Don Fredrick wonders in yesterday’s email.

I must have added comments to 50 different Internet articles this week quoting both Congressman John Bingham and Minor v. Happersett and explaining that Rubio and Bobby Jindal and Obama are not NBCs. I do not understand how tens of millions of Americans can be so ignorant or unwilling to read. I can only imagine that many are thinking, “Well, they forced Obama on us, so now it’s our turn to get even.” That is not a good sign, if that is what they are thinking, but it is even worse if they are simply refusing to think.

Don Fredrick
The Obama Timeline

No, neither of Louisina Governor Bobby Jindal’s parents were yet American Citizens at the time of his birth; another full fledged Citizen who just cannot be Commander in Chief.

Perhaps America is simply too far into its Marxist instructed Hegelian fantasyland of wilful ignorance of the fact of truth, itself. Maybe our ethic is simply not Godly anymore, but the “situational ethics” of what we deem convenient. What “self evident truths?”


“Endowed” and the rest of all that?

Eligibility activist, Barbara sheds some of Abraham Lincoln’s optimism, “You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.”

But Lincoln never said you cannot fool most of the people most of the time — nor that most of the people will refuse to fool themselves.

Selective adherence to the Constitution for the United States of America must be put down, immediately. The trouble is, We’re “the People.”


  1. Further, the 12th Amendment to the U.S. Constitution reads:

    “…But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

    Those who argue, “Well, it’s no big deal, as Rubio would only be Vice President and it’s unlikely that President (Perry/Romney/Bachmann/Paul/et al) would die in office” are therefore mistaken. (Ron Paul turned age 76 a few weeks ago. He could very well die in office.)

    On the floor of the U.S. House of Representatives in 1862, Congressman John Bingham—the “father of the 14th Amendment”—stated, “All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens.” (Obama supporters—including attorneys filing briefs with the U.S. Supreme Court—have omitted the words “of parents” when quoting Bingham’s statement, in a shameful and intentional effort to mislead.)

    In Minor v. Happersett (1875) Chief Justice of the Supreme Court C. J. Waite wrote, “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.”

    It is absurd for Rubio (and Obama) not to have to explain and defend their definitions of the term “natural born citizen.” Because they do not ask the important questions, it is clear that virtually every member of the mainstream media is ignorant and misinformed, or “the fix is in.” Either way, it is a deplorable and sad situation.

  2. was not Marco Rublio born here in the US-

    as to bho->>>

  3. Why? The repukes need to get as many voters as possible. Isn’t he hispanic.? They let Obama slide so now the door is wide open for anyone else to do the same. Dems and Repukes in DC two heads on the same snake. Wake the hell up so we can save this country.

  4. I’m relieved that some “birfers” have not lost their minds and principle regarding eligibility. What is good for the goose is good for the gander…

    My latest, BTW, regarding the recent FEC letter;

    If you’ll note at the bottom it has my own letter to several representatives. Keep up the good work “Gulag”!

  5. Rubio knows very well that he is not eligible.

    What he is showing me is that he is already willing to buy into the massive corruption, trash the constitution, and harm Americans in the process.

    It is what it is, Marco.

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