To: 2ndDivisionVet
Sir,
But if Obama wasn’t eligible ( and he isn’t by many standards), then Ted isn’t either. While many of us understand the need to elect staunch conservatives, we must not forfeit principles of law either.
There are more substantial claims to native born status than either of these- It was obvious that McCain, born in Panama of two US parents on official duty to that nation is a natural born son, as are tens of thousands of other children of US diplomats and military/naval personnel serving overseas) even if he is utterly worthless as a politician.
If Ted indeed was born to Canadian citizen parents, then only a very liberal self serving view of the 14th would agree that he is a Natural Citizen of the US, as would be any child (anchor baby) of any form of legal or illegal alien in the US.
Quite certain that the Founders did not intend for that outcome in any manner.
Of course, the argument will continue and be divisive.
Some history/international practice tells us that citizenship follows the father blood ( the Harry/Meghan discussion etc- if Meghan dropped a child in the US, she foreswore her US citizenship to marry Harry, then would the prince be a US citizen? Would he be eligible by virtue of birth on US Soil to be president? Is he under the jurisdiction of the US ( not meaning subject to the laws of the nation or state, but entitled and obligated to duty to the nation? (It is accepted that a foreign person cannot be forced to fight for other than his country- but they may volunteer- as enlisted only, not commissioned)). So even if Obama was born on some portion of US soil, he would be a British subject ( since Kenya was a Brit colony/protectorate at that time).
What webs are woven!
I am glad we have a president who is without controversy in at least this area!
Peace.
120 posted on
08/19/2018 8:42:56 AM PDT by
Manly Warrior
(US ARMY (Ret), "No Free Lunches for the Dogs of War")
To: Manly Warrior
Natural Born Citizenship is dependent upon the current Laws of citizenship AT THE TIME OF BIRTH of the person in question.
IF you have ONE HOUR, TWENTY TWO MINUTES and FORTY SECONDS to spare,
and
IF you're of a LOGICAL MIND,
you MIGHT find this video enlightening.
Putting the 14th Amendment to the Test ( 1:22:40 )
By the National Constitution Center
Uploaded on Apr 1, 2011
Jeff Greenfield, senior political correspondent for CBS News, moderates this timely program addressing the issue of immigration reform and birthright citizenship
with Fellows of the Peter Jennings Project and distinguished guests John C. Eastman, Daryl Metcalfe, Jorge Mursuli, Marjorie Rendell, and Cecillia Wang.
Someone once asked me:
"So why is Obama an "illegal alien?"His mother was an American citizen and he has a birth certificate saying he was born in America.
Obama has never been naturalized and he carries a US Passport."
The
"birth certificates saying he was born in America" have,
ALL THREE OF THEM, been proven FAKES! His
"US Passport" that he carries is UNLAWFUL, because he has no legitimate American Birth Certificate, and he has no LEGITIMATE SOCIAL SECURITY NUMBER.
Read
His mother could NOT impart U.S. citizen to her son, Barack Obama II, because she did NOT meet the legal requirements to do so,
at the time
her son was born IN the Coast Provincial General Hospital, MOMBASA, KENYA at 7:21 pm on August 4, 1961.
Obama did not have an "Immigrant" father,
he had a "Transient Alien" father
Currently there is a new myth being propagated by Obots that Obama is the son of an immigrant.
They want the American people to think that he qualifies to be a natural born citizen as the child of an immigrant.
They are misleading the American people and what is evident is thatthese are educated people with access to the facts,
which makes their misleading the public intentional.
Let's make one thing perfectly clear,Obama's Father was never at any time an immigrant to the United States, by intention or by law.
He was a person of a "transient" nature to the United States.
For Obama's supporters to equate him to those who gave up home, friends and family to pursue the American Dream is to make a mockery to their contributions to making the United States their home.
B. H. Obama, Sr - B. H. Obama, II
On the US State Department's website on the page entitled Immigrants to the U.S. it clearly states,
Immigrating to the United States to live here permanently is an important, and complex decision.
This section provides information to help foreign citizens desiring to permanently immigrate to determine the visas, requirements, and related materials they will need to apply to immigrate to the United States.
Barrack Hussein Obama, Sr. had no intention of residing in the United States permanently.
He was here in the early 1960's because he was hand picked by the founder of the socialist, Nairobi People's Congress Party to come to the United States to study in preparation for Kenya's independence.
There are two types of student visas for the United States, F-1 and M-1. Both are classified as nonimmigrant visas by the U.S. State Department.
Like father, like son, both transients.
One a transient to the United States, the other a transient to the Oval Office.
In their passing through, both have left their mark.
One left a young woman with a baby to care for,
the other is damn determined to leave every baby for future generations with a debt that our children's children will never be able to repay.
True immigrants serve a special purpose in the United States, and that purpose is not for cheap labor.
They serve as a walking reminder to us thatour ancestors left their mother and father lands to give their childrenthe fruits of a dream they had,
where their children and their childrens children would live free
and be a part of the greatest experiment in the history of mankind.
There dream was to be Americans.
Obama and his supporters use of the term "immigrant" when describing his fatheris insulting and demeaning to the sacrifices true immigrants to the United States have made over the past 200 plus years.
Then read
INS DOC FOUND: U.S. CERTIFICATE ISSUED TO ONE EAST AFRICAN-BORN CHILD OF U.S. CITIZEN IN 1961!
IMPLICATIVE DISCOVERY: A government document found buried in the online reference section of a Boston Public Library archive bolsters a growing mountain of evidentiary data against Barack Obamas constitutional eligibility to be president. The document indicates that a consular officer issued a single certificate of statutory citizenship, within the time frame including August 4, 1961, to a child born to a U.S. citizen between July 1st and December 31st, 1961 in the Kenyan region of Africa. The record also reveals that the certificate was the only one issued for this specific type of arrival in the U.S. over a span of more than 18 months, among thousands from other parts of the world.
NEW YORK, NY A recently discovered rare immigration record found by researchers working on behalf of an ongoing investigation into the Constitutional eligibility of Barack Obama to hold the office of the U.S. presidency reveals that an American consular officer issued a single Certificate of Citizenship to only one passenger arriving in the U.S. from the Kenyan region of Africa between July and December of 1961.
The record shows demographic and status classifications for a passenger who was explicitly recorded at the INS Arrival Inspection Station as an individual being born to a U.S. citizen parent arriving from the Kenyan region of Africa between July 1st and December 31st, 1961.
This information and the dates of its documentation are disturbing given the rare nature of the issuance of certificates of citizenship for children who acquire their citizenship by birth to incoming U.S. citizens in this particular region of Africa.
These dates not only align with the alleged date of Obamas birth on August 4, 1961, but also with evidence indicating that Ann Dunham departed from Hawaii beginning in February, 1961, shortly after her undocumented marriage to Obama Sr.
Also supported by this data is the implication of an African trip by the absence of Dunhams passport information which is known to have existed from the 1960s which was used in at least one occasion for her departure with Obama Jr. to Indonesia where the two lived with Lolo Soetoro, Dunhams second husband. If Dunham had filed for a renewal of an old passport, rather than for a new passport in the mid 1960s for the Indonesian trip, which would have been the common practice for the life of a passport, this would have been indicated on the missing application which would have been included with the series of documents released by an FOIA request in early 2010.
The Immigration and Naturalization Service published its annual Report of the Immigration and Naturalization Service in 1963, for the year of July 1st, 1961 ending on June 30th, 1962. According to information on page 99 of the report the only certificate of acquired citizenry issued based on the grounds of birth to a U.S. citizen abroad was coincidentally also issued in the same time frame during which Barack Obamas alleged birth date occurred on August 4th, 1961.
http://archive.org/stream/annualreportofim1962unit#page/99/mode/1up
According to the INS, Certificates of Citizenship are issued upon arrival in the U.S. to those who have acquired statutory citizenship (not natural-born citizenship) by birth to at least one U.S. citizen parent within the previous year while that parent(s) was temporarily in another country. COC are notifications provided by the American Consulate Service, via the INS, to individuals born to at least one U.S. citizen abroad in order to provide interim citizen alien status while immigration status is processed and secured. COC are not issued to natural-born citizens or children born to non-U.S. citizen parents arriving in the U.S., nor are COC received through the same process as required for naturalized citizenship, according to the INS.
http://archive.org/stream/annualreportofim1962unit#page/14/mode/1up
A COAC is issued to an arriving child from abroad who is: - born abroad to one U.S. citizen parent and one parent with alien non-citizen status, or
- born in the U.S. to two alien parents who both naturalize after the childs birth, or
- born abroad to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the childs birth, or
- adopted and is permanently residing in the United States and can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:
- The child was lawfully admitted for permanent residence; and
- Either parent was a United States citizen by birth or naturalization; and
- The child was still under 18 years of age; and
- The child was not married; and
- The child was the parents legitimate child or was legitimated by the parent before the childs 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.)
; and
- If adopted, the child met the requirements of section 101(b)(1)(E) or (F) and has had a full and final adoption; and
- The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody)
As previously reported by Dr. Jerome Corsi of WND and other sources, the void of documented and testimonial evidence accounting for Ann Dunhams presence in Hawaii between February and early August of 1961 implies that she had reasons to travel to Kenya shortly after her undocumented marriage to Obamas alleged father in February of 1961. According to the widely accepted but highly suspicious uncorroborated account of events, Dunham would have been at least three months pregnant at the time of the marriage. The only evidence accounting for Dunhams presence after August 1961 is a transcript of registration to attend fall extension classes at the University of Washington, in Seattle, beginning in late August, 1961.
The previous years INS report shows that no other Certificates of Derived Citizenry by birth were issued to anyone arriving from the Kenyan region of Africa between July 1st, 1960 and June 30th, 1961. During this time, the INS recorded 282 alien arrivals from Kenya by air, and three U.S. citizens.
The arrival of these Kenyan aliens is corroborated by the African American Students Foundation Report of Activities 1959-1961 which documents the arrival of the same number of students in the U.S. on September 7, 1960 from Nairobi, Kenya via the second sortie of the Airlift America Project, a project initiated in April 1959 by the AASF and former Kenyan Prime Minister, Tom Mboya, to bring African students from Nairobi to study in the U.S.
Of the 2397 arrivals from Africa who were originally classified by the INS as Aliens between July 1, 1961 and June 30, 1962, only one was from Kenya. INS procedures dictate that arrivals under the age of 18 not possessing a U.S. passport are issued alien status until the alleged parents of the child are officially issued a Certificate of Citizenry. The Certificate of Citizenry can then be used in conjunction with state birth registration procedures to acquire a birth certificate for the child.
A COC is also considered a primary form of identification by the State of Hawaii in 1961 to prove a foreign born infants residency in the U.S. prompting the issuance of a standard Certificate of Live Birth under Hawaii Revised Statute 338-17 which would then allocate the location of the birth to the mothers residence.
Corroborating data from passenger arrivals of flights entering the U.S. between July 1st, 1961 and June 30th, 1962 indicates this one individual may have been originally classified as an alien upon arrival prior to application for derivative citizenship. The INS report shows there was only one individual who was originally classified by the INS as an alien arriving by air from Kenya. This individual was possibly inspected by INS officers in Hawaii upon arrival at the INS station located within Honolulu International Airport sometime in early August of 1961.
Unfortunately, the report does not give data supporting that this individual was accompanied by a U.S. citizen parent. This may be explained by the disparity of time between being classified as an alien in the interim until a COAC was granted and the collection of data for this reports date of publication.
According to the INS report data, a voluntary birth to a U.S. resident in Africa in 1961, away from the quality of care offered at U.S. hospitals was extremely rare with only eight such cases in more than two years. The rarity of this event would leave an easily referenced recording of the birth abroad. Hawaiian law also specifies that documentation used to issue birth certificates by the Hawaiian Health Department includes certificates of citizenship issued by the Immigration and Naturalization Service upon arrival of children born to U.S. citizens abroad.
In summary as stated by WhiskeyX The revelation is the effort to hide and destroy any and all documents which could evidence the citizenship of Barack Hussein Obama has not been entirely successful in regards to suppressing links to an apparent birthplace in Kenya. Jerome Corsi and his team of investigators were arrested and confined to their hotel by Obamas cousin and the Kenyan government when they attempted to research the existence of a Kenyan birth certificate and give a press conference about their findings. They and othe rinvestigators reported finding evidence of a Kenyan birth certificate having likely been removed from the Kenyan birth records.
Likewise with the U.S. Passport records of Stanly Ann Dunham which are reported to have been destroyed, the trail of evidence has been stonewalled. The Immigration and Naturalization Service forms used by U.S. Customs for arriving passengers on microfilm at the National Archives is missing the one week of records for August 1961 in which it is suspected Stanly Ann Dunham returned to the United States with the newborn child. This is the only week of 1961 in which such records are missing, according to the Maricopa County Sheriff's Department and its Cold case Posse.
The INS record discovered in the out of the way library implies the effort of the Obama Administration and associates to scrub any evidence from government and other records has failed to be complete and effective in all respects.
Although the INS record does not name Stanley Ann Dunham and Barack Hussein Obama, the probability that there could have been another U.S. citizen mother giving birth to her child in that region including Kenya in the month of August 1961 and seeking the assistance of a U.S. Consular officer to obtain a certificate of citizenship are vanishingly small. Such an event in 1961 is virtually unique. Therefore it appears this piece of evidence can be fairly regarded as a preponderance of evidence providing reasonable cause for a legal investigation of a foreign birthplace for Barack Hussein Obama. Rather than preclude the likelihood of Obamas birth in Kenya, this piece of evidence strongly suggests the possibility or even a probability of Obamas birth in Kenya despite all of the previous doubts of its even remote possibility. In other words, this evidence is a potential game changer in the investigation of Obamas native origin/s and citizenship.
Ponder that!
And don't forget about Hillary's trip to Great Britain to make sure
Obama's Birth Registration in Great Britain disappeared.
NOW ... about Ted Cruz's citizenship ...
"Natural born citizen issue. "
Well, what does the law say?
The ABC's of Immigration: Citizenship Rules for People Born Outside the United States
All persons born in the United States are citizens of the United States (with the very minor exception of certain children of diplomatic personnel).
This is perhaps the only simple rule of US citizenship.
One of the most complicated areas of US citizenship law involves the passage of citizenship to children born outside the US to one or more US citizen parents.
While naturalized US citizens are treated like natural born citizens,which includes those who are deemed citizens even when born outside the US, in almost every respect,
there is one important office that only natural born citizens can hold - the presidency(though expect to see efforts in Congress to change this if Governor Arnold Schwarzenegger decides to run for President).
Also, a person who is a citizen from birth cannot be denaturalized (though denaturalization rarely ever occurs).
The rules determining when such children are citizens are extremely detailed,
and vary a great deal depending on WHEN the child was born since the laws changed several times in the 20th century.
...
What are the rules for people born between December 23, 1952 and November 13, 1986?
Again, children born abroad to two US citizen parents were US citizens at birth, as long as one of the parents resided in the US at some point before the birth of the child.
When one parent was a US citizen and the other a foreign national,the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child,
with five of the years after the age of 14.An EXCEPTION FOR PEOPLE SERVING IN THE MILITARY was createdby considering time spent outside the US on military duty as time spent in the US.
While there were initially rules regarding what the child must do to retain citizenship,amendments since 1952 have ELIMINATED these requirements.
Children born out of wedlock to a US citizen mother were US citizensif the mother was resident in the US for a period of one year prior to the birth of the child.
Children born out of wedlock to a US citizen father acquired US citizenshiponly if legitimated before turning 21.
So HOW does Ted Cruz's situation apply to this Law ?
The term "natural born citizen" refers to whether the person was a citizen at birth or became a citizen through naturalization.
Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen, said spokeswoman Catherine Frazier.
... The U.S. Constitution allows only a natural born American citizen to serve as president.
Most legal scholars who have studied the question agree that includes an American born overseas to an American parent, such as Cruz.
When Ted Cruz was born, his parents were "IN WEDLOCK".
They married, moved to Calgary, Alberta, and in late 1970 had their first and only child, Rafael Edward Cruz.
Cruz was born on December 22, 1970 in Calgary, Alberta, Canada where his parents, Eleanor Elizabeth Darragh Wilson and Rafael Bienvenido Cruz.
Cruz's mother was born and raised in Wilmington, Delaware, in a family of three quarters Irish and one quarter Italian descent.
Eleanor Darragh, mother of Ted Cruz, was raised in Delaware, graduated from a Catholic High School (1952) in the U.S., as well as Rice University (1956), so clearly she meets the residency requirements.
Cruz's father, who was born in 1939 in Matanzas, Cuba, "suffered beatings and imprisonment for protesting the oppressive regime" of dictator Fulgencio Batista.
Source ... 74-Year-old Rafael Bienvenido Cruz:
"I came to this country legally," Cruz's father says.
"I came here with a legal visa, and ... every step of the way, I have been here legally."
In an interview near his home outside Dallas, the elder Cruz says that as a teenager, he fought alongside Fidel Castro's forces to overthrow Cuba's U.S.-backed dictator, Fulgencio Batista.
He was caught by Batista's forces, he says, and jailed and beaten before being released.
It was 1957, and Cruz decided to get out of Cuba by applying to the University of Texas.
Upon being admitted, he adds, he got a four-year student visa at the U.S. Consulate in Havana.
"Then the only other thing that I needed was an exit permit from the Batista government," Cruz recalls.
"A friend of the family, a lawyer friend of my father, basically bribed a Batista official to stamp my passport with an exit permit."
The Rafael Cruz that his son Ted portrays is a kind of Cuban Horatio Alger - - arriving in the U.S. with only $100, learning English on his own and washing dishes seven days a week for 50 cents an hour.
"Since he liked to eat seven days a week, he worked seven days a week, and he paid his way through the University of Texas," Ted Cruz says
of his father, "and then ended up getting a job and eventually going on to start a small business and to work towards the American dream."
Only he did that in Canada, where Ted was born.
His father went there after having earlier obtained political asylum in the U.S. when his student visa ran out.
He then got a green card, he says, and married Ted's mother, an American citizen.
The two of them moved to Canada to work in the oil industry.
"I worked in Canada for eight years," Rafael Cruz says. "And while I was in Canada, I became a Canadian citizen."
The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen in 2005 -48 years after leaving Cuba.
Why did he take so long to do it?"I don't know. I guess laziness, or - I don't know," he says.
Peter Spiro, a legal expert on U.S. citizenship at Temple University, says Rafael Cruz followed "sort of a zigzag path to citizenship."
Spiro says Cruz's multicountry odyssey did not follow traditional models for immigration.
Citizenship Through Naturalization is different than
Citizenship Through Parents, and you need to understand the requirements.
For a better understanding of both, go to those links.
An article well worth anyone's time is
On the Meaning of "Natural Born Citizen",
MAR 11, 2015, Commentary by Neal Katyal & Paul Clement
... While the field of candidates for the next presidential election is still taking shape,
at least one potential candidate, Senator Ted Cruz, was born in a Canadian hospital to a U.S. citizen mother.15× Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a "natural born Citizen" within the meaning of the Constitution.
Indeed, because his father had also been resident in the United States, Senator Cruz would have been a "natural born Citizen" even under the Naturalization Act of 1790.
Similarly, in 2008, one of the two major party candidates for President, Senator John McCain, was born outside the United States on a U.S. military base in the Panama Canal Zone to a U.S. citizen parent.16× Despite a few spurious suggestions to the contrary, there is no serious question that Senator McCain was fully eligible to serve as President,
wholly apart from any murky debate about the precise sovereign status of the Panama Canal Zone at the time of Senator McCain's birth.17× See, e.g., Laurence H. Tribe & Theodore B. Olson, Opinion Letter, Presidents and Citizenship, 2 J.L. 509 (2012).
Indeed, this aspect of Senator McCain's candidacy was a source of bipartisan accord.
The U.S. Senate unanimously agreed that Senator McCain was eligible for the presidency,resolving that any interpretation of the natural born citizenship clause as limited to those born within the United States was "inconsistent with the purpose and intent of the 'natural born Citizen' clause of the Constitution of the United States,
as evidenced by the First Congress's own statute defining the term 'natural born Citizen.' "18× S. Res. 511, 110th Cong. (2008).
And for the same reasons, both Senator Barry Goldwater and Governor George Romney were eligible to serve as President although neither was born within a state.
Senator Goldwater was born in Arizona before its statehood and was the Republican Party's presidential nominee in 1964,19× and Governor Romney was born in Mexico to U.S. citizen parents and unsuccessfully pursued the Republican nomination for President in 1968.20×
There are plenty of serious issues to debate in the upcoming presidential election cycle.
The less time spent dealing with specious objections to candidate eligibility, the better.
Fortunately, the Constitution is refreshingly clear on these eligibility issues.
To serve, an individual must be at least thirty-five years old and a "natural born Citizen."
Thirty-four and a half is not enough and, for better or worse, a naturalized citizen cannot serve.
But as Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization.
And the phrase "natural born Citizen" in the Constitution encompasses all such citizens from birth.
Thus, an individual born to a U.S. citizen parent - - whether in California or Canada or the Canal Zone - - is a U.S. citizen from birth
and is fully eligible to serve as President if the people so choose.
* Paul and Patricia Saunders Professor of Law, Georgetown University.
** Distinguished Lecturer in Law, Georgetown University; Partner, Bancroft PLLC.
164 posted on
08/19/2018 12:30:39 PM PDT by
Yosemitest
(It's SIMPLE ! ... Fight, ... or Die !)
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