CDR Kerchner (Ret)'s Blog

May 22, 2011

Senator Marco Rubio’s father was not a naturalized citizen when Marco was born in May 1971 per National Archives data. His father applied for naturalization in Sep 1975. Marco Rubio not constitutionally eligible to run for President or VP.

Not a natural born Citizen of the United States to constitutional standards. Click on image to learn why.

Senator Marco Rubio’s father was not a naturalized citizen when Marco was born in May 1971 per National Archives data. His father applied for naturalization in Sep 1975. Marco Rubio not constitutionally eligible to run for President or VP.

A natural born Citizen of the United States is one born in the United States to two U.S. Citizens who were Citizens of the United States either by birth or naturalization at the time of the birth of the child.  A natural born Citizen of the United States is a child born with sole allegiance to the United States, a person born without Citizenship in any other country other than the USA at the time of their birth.  A natural born Citizen has no foreign influence or claim on them by another country at the time of their birth under U.S. law and the Law of Nations.  That is why the founders and framers chose the legal term of art “natural born Citizen” for the eligibility clause for the singular most powerful office in our form of government, the President and Commander in Chief of our military. They did not wish command of our military forces to ever devolve to a person born with dual allegiances.

Senator Marco Rubio of FL has been evasive and not been forthcoming about his exact citizenship status upon his birth in the United States in May 1971.  Phone calls, emails, and letters to his office by various volunteers over the last year have gone  unanswered on the question of whether his parents (who were immigrants from Cuba) had become naturalized citizens of the USA by the time of Marco’s birth in the USA.

We have given Senator Rubio long enough to be voluntarily forthcoming on this information.  A phone call last week by a volunteer researcher assisting my efforts to learn more about Senator Marco Rubio’s exact birth citizenship status was made to the National Archives (NARA) to learn the facts about Senator Marco Rubio and certain other individuals who are mentioned in the media as potential candidates for President or Vice President.  That is, are they constitutionally eligible, i.e., “natural born Citizens of the United States” as is required in Article II, Section 1 of the U.S. Constitution.

According to the information conveyed to the volunteer during the phone calls to NARA about Senator Marco Rubio of FL, his father did not petition to become a naturalized citizen of the United States until Sep 1975, a full four years after Marco Rubio was born.  A natural born Citizen of the United States is one born in the United States to two U.S. Citizens at the time of the birth.  Thus Senator Marco Rubio is NOT a natural born Citizen of the United States.  He is a native born Citizen under the 14th Amendment and/or the Wong Kim Ark (1898) Supreme Court decision which grants basic citizenship to individuals born in the USA.  But Senator Marco Rubio is NOT a natural born Citizen under Article II, Section 1.  Thus Senator Marco Rubio is NOT constitutionally eligible to serve as President or Vice President of the United States per Article II, Section 1, and the last sentence of the 12th Amendment to the Constitution.  Senator Marco Rubio has obviously known this for a long time.   His silence in response to the American electorate and avoidance to answering the questions put to him over the last year about this issue says a lot about Marco Rubio and indicates that when it comes to his own personal political objectives he is in the progressive school of thought about following the fundamental law of the land, our U.S. Constitution.  To people of the progressive school of thinking the Constitution says and means whatever one wants it to mean to allow one to achieve their personal political power and goals, i.e., what John McCain did in the 2008 presidential election cycle in making a deal with Senator Obama and the U.S. Senate so that McCain could run unmolested about questions by the Democrat Party operatives and their allies in the major media as to his natural born Citizenship status.

Senator Marco Rubio is NOT a natural born Citizen.  He was born with dual allegiance.  One to the USA by location of birth and the other to Cuba via gaining Cuban citizenship at birth via his father since his father had not yet naturalized to the USA and renounced his Cuban citizenship by doing so. This is similar to the situation with Obama gaining British citizenship at birth from his Kenyan British Subject father. Senator Marco Rubio should stand up for the Constitution and speak out about this and say that as much as he’d like to run someday for those offices, he is not constitutionally eligible to run for President or VP.  He should be a protector of the U.S. Constitution, the document that gave his parents the freedom and liberty they sought when they naturalized in this country.  He should put his personal ambitions for higher office aside.  He should tell the RNC and people in the media the facts and stand up like a statesman should and support the Constitution and not allow them to continue their musing and aspirations to run him for Prez and VP some day. To allow such discussions to continue in the major media is allowing them to continue to undermine the true meaning and intent of the “natural born Citizen” clause in Article II of the U.S. Constitution.

In addition to clarifying his own constitutional citizenship status, Senator Marco Rubio of FL should also say that Obama is not eligible either and should be investigated for election fraud and criminal activities such as SSN fraud and draft registration fraud and be removed from office.  We not only have a constitutionally ineligible person in the Oval Office but we also have a grifter and criminal in that office.

The leadership of the Republican Party and the RNC is also complicit in this usurpation of the founders and framers intent with the eligiblity clause in Article II Section 1.   The Republican Party leadership has ENABLED Obama to get away with what he’s done to illegally usurp national power in order that the Republican Party can do the same thing too, i.e., ignore the Constitution when it suits their own political power objectives.  It’s time for a change in the Republican Party leadership … a major change.  We need dedicated constitutionalists to take over the party and fight the righteous battle to restore the rule of law and the U.S. Constitution to full force and effect in Washington DC and throughout our great land and to investigate Obama and have him removed for the fraud and criminal he is, and to thence begin a purge in Washington DC of all the enablers of this usurpation and cover up.  We the People demand it.

Copies of the naturalization petition for U.S. Citizenship filed in Sep 1975 for Mario Rubio, the father of Senator Marco Rubio who was born in May 1971, were mailed to me from the National Archives and will be published here upon receipt.

UPDATE 27 May 2011:  See a copy of the Sep 1975 Petition for Naturalization for Mario Rubio, father of Senator Marco Rubio who was born in May 1971, more than 4 years after his father elected to become a U.S. Citizen and renounce his Cuban citizenship:

Also see my 27 May 2011 follow-on blog post about Marco Rubio’s lack of natural born Citizenship status and the false statement made by Marco Rubio in his online bio as to when and why his parents came to the USA from Cuba:

CDR Kerchner (Ret)

P.S.  Learn Who is a “natural born Citizen” of the USA  and the 5 Citizenship Terms Used in U.S. Constitution

P.P.S. This is NOT about politics or anything else but the U.S. Constitution, the fundamental law of our land.

P.P.P.S.  Update 22 May 2011 @ 5:49 p.m.  WorldNetDaily does a follow up story on Marco Rubio’s citizenship status:

P.P.P.P.S.  See my 27 May 2011 follow on post about Marco Rubio’s lack of natural born Citizenship:


  1. Jindal also has the same NBC problem. old marine Phil Stone

    Comment by philip r stone — May 23, 2011 @ 12:30 am

  2. thanks for clarifying this. LameCherry claimed this morning that Cuba was a protectorate of the US when Rubio’s parents were born. Totally off the wall.
    Most of the time LC is spot on.

    Comment by vrajavala — May 26, 2011 @ 5:38 pm

  3. I do not believe that Judge Royce Lamberth has issued a subpoena. It appears that only Orly’s signature is on it.

    Comment by vrajavala — May 26, 2011 @ 5:42 pm

  4. From reading this, one would think that Marco Rubio was trying to sneak past the Constitution in order to become president. He has been clear that he is not running, therefore it is disingenuous to portray him the same as BO, who has truly fooled the nation in every way. If he has no inclination or desire to run for the office of Prez or vice-prez, why do you portray him as a dubious sneakI do agree with you that the Constitution has been undermined, but I don’t think you can hold MR behind a shotgun and expect him to right BO’s wrongs. The MSM are the ones to blame for the huge coverup, not one single politician who is just doing his job.
    Marco has said he is not running, leave it at that.

    Comment by Alice — June 12, 2011 @ 3:22 pm

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