The reason for filing this grievance, concerning Marco Rubio being a non-national citizen

The reason for filing this grievance, concerning Marco Rubio being a non-national citizen

Under the Constitution a resident cannot be an illegal immigrant

In order to be an immigrant and be legal, you must register with the state and be a resident under the naturalization act of 1805.

If an individual broke into your house and stole from you that does not make them a resident of your house, it makes them an illegal entrant and they have committed a crime.

Therefore it does not take a change of the constitution but it takes enforcement by the executive branch. Congress must declare illegal immigrants invaders according to the constitution.

Dr. Charles Frederick Tolbert was a write in candidate for United States Senate Florida 2016

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Those who equate “citizen” with “natural born citizen” often misinterpret Constitutional law and statute law, the latter meaning that Congress may pass laws only defining the manner in which one becomes a citizen, either citizen by birth or a naturalized citizen, not the Constitutional concept of natural born citizenship.

According to Article II, Section I, Clause 5 of the U. S. Constitution, a candidate for the Presidency must be a “natural born citizen,” that is, a second generation American, a U.S. citizen, whose parents were also U.S. citizens at the time of the candidate’s birth.
The Venus, 12 U.S. 8 Cranch 253 253 (1814)

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens.”

Dred Scott v. Sandford, 60 U.S. 393 (1857)

“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.”

Key word parent(s)

Charles Frederick Tolbert EdD NPA

Was a write in Candidate for United States hundred Florida 2016

Retired MSGT


U.S. Department of Justice
950 Pennsylvania Avenue, NW.
Washington, DC 20530-0001.

State of Florida
Office of Attorney General
Pam Bondi
The Capital PL-01
Tallahassee, FL 32399

Secretary of State Florida
Ken Detzner
R.A. Gray Bldg
500 S. Bronough, ste 100
Tallahassee FL. 32399

Florida Election Commission
107 W. Gaines Street
Suite 224 Collins Building
Tallahassee Fl. 32399

The reason for filing this grievance, concerning Marco Rubio being a non-national citizen, is to challenge the State of Florida and the Federal Government for candidates who are committing fraud and embezzling tax payers out of donation money when in fact they’re not qualified to run for president of the United States.

Marco Rubio is collecting donations under false pretense as if he is eligible to be the President, where as in fact he does not qualify for this office.

It is possible that Mr. Rubio may remove his name as a candidate for president and file for the office of U. S. Senate Florida April 18, 2016, pursuant to Section 99.061 (8), FS which would mean that his knowledge of not being eligible for the office of president would cause a breach of the ethics and miss-use of donations.

Allies, Democrats and Republicans are confirmed for eligibility along party lines, where as Independents must prove they’re eligible.

Allies (allies are people, groups, or states that have joined in an alliance for mutual benefit). This is an antitrust violation by the Democrats and Republicans whereas they have combined both political parties as one party.

The Sherman Antitrust Act (Sherman Act,[1] 26 Stat. 209, 15 U.S.C. §§ 1–7, is a landmark federal statute in the history of United States antitrust law (or “competition law”) passed by Congress in 1890. It was passed under the presidency of Benjamin Harrison and prohibits certain business activities that federal government regulators deem to be anti-competitive, and requires the federal government to investigate and pursue trusts.

Requesting proof of eligibility for Rubio as candidate for president of the United States:

All candidates certified for Federal or State offices by the state executive committee or who file a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office sought.

The Secretary of State may challenge the qualifications of any candidate at any time prior to the election of such candidate.

In addition, within two weeks after the close of qualifying, any voter eligible to vote for such candidate may challenge the qualifications of a candidate. The challenge shall be in writing and the voter must state the reason(s) why the voter believes the candidate is not qualified to hold the office he or she is seeking.

The determination of a candidate’s eligibility to run for President of the United States:

The Florida Department of State does not have investigative or enforcement authority to ensure that major parties Presidential candidates are properly qualified to be President of the United States. The U.S. Constitution establishes the qualifying requirements for President. Under Florida law, the way in which a major party’s candidate is placed on the ballot is that the state executive committee of each political party submits its slate of presidential electors for its candidate before September 1st of each presidential election year; then, by law, the names of candidates are printed on the ballot. Those candidates are not required to provide any documents to the State that they meet the qualifications for office.

The Florida Secretary of State performs only a ministerial function. So, the Secretary has no authority or responsibility to look beyond the filing documents to determine if a candidate is eligible. If a candidate (or the party in the case of a major political party nominating someone as a Presidential candidate) files the necessary paperwork, which papers are complete on their face, the Secretary must qualify the candidate.

Any challenge to the qualifications of a U.S. Presidential candidate should be made in a court of competent jurisdiction. The Department of Justice in Washington, D.C., may also be a resource for information or inquiry on this matter. Contact information for the Department of Justice is: Ask; phone: 202-514-2000; and U.S. Department of Justice, 950 Pennsylvania Avenue, NW. Washington, DC 20530-0001.

Charles Frederick Tolbert EdD
Was a write in Candidate For U. S. Senate Florida 2016


Citizens For America
Citizen For A Batter America, Inc.

Article II, Section 5 of the U. S. Constitution says you must be natural born, or a citizen to hold the office of President of the United States of America!

Marco Rubio’s parents were not naturalized citizens of America, thus he IS NOT a natural born citizen. He cannot constitutionally hold the office of the President of the United States of America! Marco is an anchor baby!
Ninety-nine percent of our politicians are not aware that babies born of two non-citizens who have not registered with the State and sworn in as legal State residents (Article I, Sec. 9, Clause 1), are invaders (Article IV, Sec. 4, Clause 2).Such invading persons cannot be naturalized as a citizen via (Article I, Sec.8, Clause 4). Children born of illegal immigrants cannot be a natural birth as stated in Amendment XIV concerning “born in America”. The invader clause prevents an “anchor baby”from natural born status that is also in Amendment XIV saying naturalized persons and the citizens are under the jurisdiction of the U. S.

Marco Rubio IS NOT NATURALIZED. He was born May 28, 1971 of two parents who were not U. S Citizens at the time of his birth. Marco Rubio’s parents became naturalized U. S. citizens on November 05, 1975. Both parents still held Cuban Citizenships.

Naturalization Act of 1790, and1866 says, both parents cannot owe allegiance to any foreign sovereignty.

It is up to the Secretary of the State of Florida, the Attorney General and the governor to ensure all candidates for the president of United States are eligible to be on the ballot.

The lack of knowledge of the written words of the U. S. Constitution shows how under-educated our political system is. Our Governor and his staff do not realize that not one federal immigration law is in the Constitution; and not one word is written in the Constitution that gives any federal agency (president, congress, or judges), the right to have any say whatsoever on non-citizens. Amendment X, Amendment XI, Amendment XIV, Article I, Sec. 9, Clause 1, Article IV, Section 4, Clause 2 and Article VI, Section 2, the Supremacy clause gives it to the States.

No clause authorizes entitlements to non-citizens, yet they are given billions a year. It is TREASON for the States and the Federal Government to give entitlements to non-citizens. Article III, Section 3, states: “giving aid and comfort to enemies of the United States is TREASON!”


The U. S. Constitution states: “anyone who has been impeached cannot hold federal office.”

Even though Hastings may have been pardoned, nevertheless, he still was impeached, and cannot hold federal office. The pardon did not stop or change the Impeachment. It just forgave him for being impeached. Alcee Hastings should be removed from office.

Charles Frederick Tolbert EdD (CFABA) retired MSGT

September 1975 Petition for Naturalization for Mario Rubio, father of Senator Marco Rubio who was born in May 1971, more than 4 years before his father elected to become a U.S. Citizen and renounce his Cuban citizenship:
Get copy here:
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 is not constitutionally eligible to run for President or Vice President.

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 allegiance.

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 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 US.

Senator Marco Rubio’s exact birth citizenship status was made known to the National Archives (NARA) to learn the facts about Marco, 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 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 in answering the questions put to him over the last years 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 Democratic 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 came to 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 for President 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 as well, 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 eligibility 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 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. The Republican party needs to investigate Obama and have him removed for the fraud and criminal he is, and begin a purge in Washington DC of all the enablers of this usurpation and cover up. We the People demand it.

Charles Frederick Tolbert EdD
Was a Write in Candidate For U. S. Senate Florida 2016


Citizens For A Better America, Inc.

The Un-Constitutionality of Citizenship by Birth to Non-Americans

The 14th Amendment
By P.A. Madison
Former Research Fellow in Constitutional Studies
February 1, 2005

We well know how the courts and laws have spoken on the subject of children born to non-citizens (illegal aliens) within the jurisdiction of the United States by declaring them to be American citizens. But what does the constitution of the United States say about the issue of giving American citizenship to anyone born within its borders? As we explore the constitutions citizenship clause, as found in the Fourteenth Amendment, we can find no constitutional authority to grant such citizenship to persons born to non-American citizens within the limits of the United States of America.

We are, or should be, familiar with the phrase, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the States wherein they reside.” This can be referred to as the citizenship clause of the Fourteenth Amendment, but what does “subject to the jurisdiction” mean? Jurisdiction can take on different meanings that can have nothing to do with physical boundaries alone–and if the framers meant geographical boundaries they would have simply used the term “limits” rather than “jurisdiction” since that was the custom at the time when distinguishing between physical boundaries and reach of law.

Complete jurisdiction thereof means Not owing allegiance to anybody else. That is what it means. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons born to parents who at the time were subject to the authority of the United States, and in other words born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty.

What does it all mean?

In a nutshell, it means this: The constitution of the United States does not grant citizenship at birth to just anyone who happens to be born within American borders. It is the allegiance (complete jurisdiction) of the child’s birth parents at the time of birth that determines the child’s citizenship–not geographical location. If the United States does not have complete jurisdiction, for example, to compel a child’s parents to Jury Duty – then the U.S. does not have the total, complete jurisdiction demanded by the Fourteenth Amendment to make their child a citizen of the United States by birth. How could it possibly be any other way?

The framers succeeded in their desire to remove all doubt as to what persons are or are not citizens of the United States. They also succeeded in making both their intent and construction clear for future generations of courts and government. Whether our government or courts will start to honor and uphold the supreme law of the land for which they are obligated to by oath, is another very disturbing matter.

Gary L. Koniz
Journalist Correspondent

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