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Marco Rubio Not Eligible to be Vice President


On the day you are born, both your parents must be citizens of your country of birth. Otherwise you are not a natural-born citizen of that county.


he Twelfth Amendment of the U.S. Constitution provides that no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. In addition to age and residency requirements, Article II provides that no person except a natural born citizen shall be eligible to the office of President.

As the 1874 unanimous Supreme Court decision in Minor v. Huppersett makes clear, "it was never doubted that"—

At common-law, with the nomenclature of which the framers of the Constitution were familiar,... 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.

Marco Rubio, born in this country to legal residents, clearly is a U.S. citizen according to the Fourteenth Amendment. He is not, however, eligible to be president or vice president.

All previous presidents who were born after the Constitution's adoption had two U.S. citizen parents. That historical fact and long held custom of the American people has most plainly defined the term "natural born Citizen." Their use of that definition is established by the very persons their electors chose to be our president. In each case they believed their choice was putting into real and practicable effect that highest principle of self-government: None but those chosen from amongst themselves are truly ever fit to serve them.

One of those previous presidents, Chester Alan Arthur, was never elected to that office but was elevated to it upon his predecessor's assassination. He also was less than forthcoming about his past. As a result, the electors in 1880 believed he was eligible to serve as vice president, when in truth he wasn't. On the day Chester Arthur was born, only his mother was a U.S. citizen. His father became a naturalized citizen nearly 14 years later. Fortunately, his own party somewhat rectified those electors' erroneous belief by choosing someone other than the incumbent to be its presidential nominee.

Now, after over a century and a half, we've had our first and sole break in the American people's wisely established tradition of electing only persons born not just in this country but of two U.S. citizen parents, to serve all of us as president. As we now clearly see, the result has been an unmitigated disaster for both ourselves and our nation as well as for our friends and allies abroad. Fortunately, yes we can still rectify, before it's too late, this foolish break by promptly restoring that highly relied upon tradition, which clearly shows itself to be most necessary and needed for our safety and happiness, along with that eternally indispensable principle on which it and our current form of self-government have always been firmly based throughout our history as a free people, and by faithfully ensuring it shall not ever be broken again no matter how seemingly great the always transitory appeal some customarily ineligible person may appear to exude at the moment.

Citizenship Status of Children
according to place of birth and status of parents
Child born in USA?Father a US citizen—Mother a US citizen—Example(s)Child's status at birth
on child's date of birth?if not, after child's DOB?on child's DOB?if not, after child's DOB?
YesYes--Yes--Every president born after adoption of U.S. Constitution except Chester Arthur and Baracrook ØblamerNatural Born Citizen
NoYesYes--Chester Arthur
NoBaracrook Øbraindead
YesNoYesMarco Rubio, Bobby Jindal
NoAnchor babies of "undocumented Americans" (© 2007 Harry Reidtard)
Under current law, children born abroad to one citizen parent and one foreign national are citizens at birth if the citizen parent resided in the U.S. for five years before the birth, with two of those years after the age of 14. If the child's father and mother were not married, different rules may apply.

Proposing and ratifying a constitutional amendment such as the one drafted below, would forever ensure that the presidential electors recontinue using our customary definition of "natural born citizen."


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, or born to a citizen thereof who has been seven years a resident within the United States, are citizens of the United States and of the State wherein they reside.

Section 2. Every person born in the United States to two citizens thereof is a natural born citizen.

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