Popular Republicans May Not Be “Natural Born Citizens”

Joe Kovacs, WND.com

Are U.S. Sen. Marco Rubio of Florida and Louisiana Gov. Bobby Jindal natural-born citizens of the United States, and thus eligible for the presidency?

It’s a simple question, but the answer may not be so easy.

The next national election is less than 18 months away, and both rising Republican stars have been touted as potential contenders for either the No. 1 or No. 2 spot on a presidential ticket.

But their eligibility is in doubt since both men’s parents were not U.S. citizens at the time their future political children were born, WND can reveal. That factor is important because the Constitution mandates a presidential candidate to be a “natural-born citizen,” a requirement that has dogged President Barack Obama since the 2008 campaign.

With 2011 being the apparent year of the birth certificate, Jindal this month released a copy of his own birth record, indicating he was born on American soil – specifically, Baton Rouge, La. – to parents who were born in India.

Based on that disclosure, the New Orleans Times-Picayune newspaper declared him to be qualified for the White House, stating, “Piyush Jindal was born at Woman’s Hospital in Baton Rouge, a natural-born U.S. citizen, who like every other child born in America, could, constitutionally, grow up to be president.”

Kyle Plotkin, Jindal’s press secretary, echoed that proclamation, telling WND, “The governor is obviously a natural-born citizen.”

Meanwhile, Marco Rubio was born in Miami, Fla., on May 28, 1971, to Mario and Oriales Rubio who were born in Cuba, though the senator has not released his birth certificate for the world to scrutinize.

Last November, radio giant Rush Limbaugh commented about Rubio’s eligibility while making a point about general media non-interest in Obama’s eligibility.

“Liberal birthers may demand Marco Rubio’s birth certificate,” said Limbaugh. “If he did [run on a presidential ticket], he’ll produce it, I’m sure, but I’m not worried about it. If Obama’s taught us anything, it’s that the news media doesn’t care where our presidents are born. They don’t. Well, let’s see if it does. Let’s see if all of a sudden the media starts caring where Republicans are born. Up to now they haven’t cared where presidents are born. Let’s see if they now start caring.”

The fact that Rubio and Jindal were both born in America undoubtedly makes them “native-born” citizens, but does it mean they’re “natural-born” citizens?

Some would say no, based on the foreign births of their parents, an issue many claim disqualifies Obama from holding the presidency, since Obama’s father held British citizenship due to his birth in Kenya, which was under British rule at the time.

Regarding Bobby Jindal’s parents, they were not U.S. citizens when their son was born.

“They were both permanent legal residents at the time of his birth,” Plotkin told WND. “They became citizens after his birth.”

Plotkin says Jindal’s mother became a U.S. citizen Sept. 21, 1976, and his father was naturalized 10 years later on Dec. 4, 1986.

It’s a similar situation for Rubio, as his press secretary Alex Burgos said the senator’s parents “were permanent legal residents of the U.S.” at the time Marco was born in 1971.

Then four years after Marco was born, “Mario and Oriales Rubio became naturalized U.S. citizens on Nov. 5, 1975,” Burgos told WND.

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

While the Constitution itself does not define what a natural-born citizen is, some believe it refers to a child born on U.S. soil to parents who are both American citizens.

“‘Natural-born citizen’ status requires not only birth on U.S. soil but also birth to parents who are both U.S. citizens,” said New Jersey-based attorney Mario Apuzzo, one of several lawyers filing lawsuits over Obama’s eligibility and who also says Rubio and Jindal are definitely not natural-born citizens. “The reason they use that is because of allegiance. The founding fathers wanted undivided allegiance.”

Herb Titus, an attorney who has taught constitutional law for nearly 30 years and was the founding dean of the College of Law and Government at Regent University in Virginia Beach, Va., agrees with that definition completely.

“That’s precisely what a natural-born citizen is,” Titus said in a YouTube video, “one who is born to a father and a mother, each of whom is a citizen of the United States or whatever other country they’re claiming natural-born citizenship in.”

The framers of the Constitution often referred to “The Law of Nations” by Swiss legal philospher Emmerich de Vattel when it came to legal matters, and Chapter 19 of that 1757 treatise defined natural-born citizens as “those born in the country, of parents who are citizens.”

Vattel went on to say, “In order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”

But that definition has its critics.

“There’s nothing that I’m aware of that says you have to have two American parents,” said Gary Kreep, executive director of the United States Justice Foundation. “My understanding of it is if you’re born in the United States, you’re a natural-born citizen, period.”

Floyd Brown, head of the Western Center for Journalism who has actively sought the impeachment of Obama, told WND that he, too, considers someone born “on the soil” a natural-born citizen.

A consensus on the correct definition of “natural-born citizen” has eluded lawyers and scholars for more than 200 years. The Constitution’s silence, the absence of definitive Supreme Court rulings and a wide array of opinions through the centuries have only further confused the question of what “natural born” actually means.

Retired Navy Cmdr. Charles Kerchner who has filed a legal challenge against Obama’s eligibility, is among those critical of Jindal’s legal qualification.

Governor Jindal is a ‘citizen of the United States’ since he was born in the USA, but he is not a ‘natural-born citizen of the United States’ since his parents were not citizens of the United States when Governor Jindal was born,” said Kerchner, who runs the ProtectOurLiberty website.

“As a citizen of the United States, he is, of course, eligible to a governor, senator, or U.S. representative, but he is not constitutionally eligible to be the president and commander in chief of our military (per Article II, Section 1) nor is he eligible to be the vice president (per the 12th Amendment) since he is not a “natural-born citizen of the United States.”

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Comments

  1. barbiebuns says:

    Natural born is born of two parents who are citizens of this country at the time of birth. As much as I like Bobby Jindal, he is not a natural born citizen snce parents were not citizens at the time of his birth. That only makes sense. I would love to see him as prez but according to the Constitution he cannot be. But it wlll be interesting to see how this plays out in the liberal media.

  2. the supposed constitutional lawyer, barry soetero aka steve dunham aka barack obama etc…etc… ,during a debate with alan keyes, answered a question with, "yes, i'm a kenyan native, but i'm not running for POTUS". is'nt it amazing that, in the times we live, that the PROPAGANDIST MEDIA cannot find such things. be careful of where you get your news. they do their best to keep us stupid. almost 3 yrs. now, and an illegal govt. is still there. BIZARRO WORLD in AMERICA.

  3. yes the constitution does cite the definition. it cites the book vattels law of nations section an page. just as the supreme court has done on numerous occasions. this is not subject to any sort of new definition. it states that natural born is born of parentS that are citizens. by this article Rubio and Jindal are native born and are citizens. but neither are eligible to be president. JUST AS BARRY IS NOT ELIGIBLE TO BE PRESIDENT. but we see where the lame stream media got him

  4. Seeks_the_truth says:

    Looks like we have to find new viable potential contenders. Unless now the Republicans want to flagrantly ignore the Constitution.

    For once, I agree with Limbaugh. It will be interesting to see if the media suddenly becomes interested in where a Presidential candidate was born. More importantly, if their parents were US citizens at the time of birth.

    Hopefully they're not smart enough not to open that can of worms.

  5. Mike Young says:

    I agree Bobby Jindal, Marco Rubio, and Barrack Hussain Obama are not eligable to be President as they were not born of both parents being natural born citizens. This should not take rocket science to figure out. Common sense should prevail.

    • Common sense proves that due to numerous Supreme Court rulings, a natural born citizen is granted by birthright and not by parentage.

    • Your parents do not have to be natural born citizens, just citizens, for you to be a natural born citizen.

  6. C.J.Novak says:

    Let us suppose that a foriegn goverment 'planted' several couples on American soil say 10-20 years ago and they or them had children born in America. If the parents were not naturalized citizens at the time of birth the children are considered citizens by birth, correct? If the SCOA rules that ANY one born in America eligible to become president then any child born in America can become president regardless of their parents natural citizenship foriegn or naturalized American. So there may be amoung us today CHILDREN from any number of foriegn countries who are being groomed to become politicans and potential USA president(s) Far fetched? Perhaps, but is it possible that a deliberate attempt has produced the first example of the process to force the Supreme court to issue such a ruling? Its taken generations of dependency to bring America to the present crisis. It will only take a progressive minded ruling class to solialize America. They came very close with the current president and congress. If the progressives regain all three goverment offices ….??

  7. If it is true the Rubio and Jindal are not natural born citizens of the USA then they should NEVER hold the office of POTUS. Period. Nor should Obama/Sortoro/

  8. Author's definition of natural born citizen isn't the generally accepted one. The CRS has looked into it just a few years back an determined if you are a citizen by birth you are a naturally born citizen.

    Congressional Research Service, states:
    Considering the history of the constitutional qualifications provision, the common use and meaning of the phrase "natural-born subject" in England and in the Colonies in the 1700s, the clause's apparent intent, the subsequent action of the first Congress in enacting the Naturalization Act of 1790 (expressly defining the term "natural born citizen" to include a person born abroad to parents who are United States citizens), as well as subsequent Supreme Court dicta, it appears that the most logical inferences would indicate that the phrase "natural born Citizen" would mean a person who is entitled to U.S. citizenship "at birth" or "by birth"

  9. You have to understand the difference between a citizen and a “natural born” citizen, they are two different entities. At the present time if you are born in the US you are a citizen (by the way this needs to change) no matter what your parent’s citizenship is.
    There seems that there are two views as to what constitutes a “natural born” citizen.
    First view: A Natural Born Citizen is one who is born of citizen parents. A child born abroad to two US citizen parents is a natural-born citizen: Provided, That at least one citizen parent had a prior residence in the United States or one of its outlying possessions. U.S. Code: Title 8, 1401.
    Second view: Extending citizenship to non-citizens through birth based solely upon locality is nothing more than mere municipal law that has no extra-territorial effect as proven from the English practice of it. On the other hand, citizenship by descent through the father is natural law and is recognized by all nations (what nation doesn’t recognize citizenship of children born wherever to their own citizens?). Thus, a natural-born citizen is one whose citizenship is recognized by law of nations rather than mere local recognition.
    Chairman of the House Judiciary Committee, James F. Wilson of Iowa, confirmed this in 1866: “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural-born citizen of such States, except that of children born on our soil to temporary sojourners or representatives of foreign Governments.”
    When a child inherits the citizenship of their father they become a natural-born citizen of the nation their father belongs regardless of where they might be born. It should be pointed out that citizenship through descent of the father was recognized by U.S. Naturalization law whereby children became citizens themselves as soon as their father had become a naturalized citizen.
    Looking at Obama’s (supposed) birth certificate it would appear that yes he is a citizen, but not a “natural born” citizen due to the fact that his father was not a citizen. He fails the “natural born” citizenship requirement by both definitions, thus making him ineligible to be the President of the United States.
    It would appear that Mr. Rubio and Governor Jindal both are not qualified to be President or Vice-President due to the fact that their fathers were not citizens at the time of their birth.

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