Thomas Breaks Tradition: Forces Supreme Court to Look at Obama Citizenship Case

THE AFRO-AMERICAN NEWSPAPERS ^ | 12/3/08 | James Wright, AFRO Staff Reporter

[antisocial]

“It doesn’t matter if Obama had or has citizenships in a hundred other countries, so long as he had US citizenship at birth.”

These folks would beg to differ with you on that:

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

[Citizen Blade]

It does not say "the children of a citizen" or the "children of any citizen" --- it says "the children of citizens". That's two ... plural ... mom ... dad ... easy stuff.

You are misreading it. The word "citizens" does not impose a requirement that both parents be a citizen. The word is simply referring to all American citizens living abroad. It means the children of any American citizens living abroad.

[John Valentine]

However, under current laws and practice, birthright citizenship exists and has existed ever since the 14th amendment was adopted...

Not so.

Except for the "natural born" i.e. children of US Citizens born in the United States or otherwise qualified under as such under Constitutional law, It has only "existed" since the Wong Kim Ark case in 1898. Admittedly that is a long time - a century - but from 1868 until the Supreme Court set all precedent, legislative history, and the clear words of the Amendment itself squarely on its head, that is for 30 years, the prevailing view was the correct one - the one I have elucidated.

Check out Elk v. Wilkins for appropriate dicta.

I'm still waiting for a case directly on point to make it to the Supremes. 100 years of Constitutional error is not precedent, and won't be ratified.

The Constitution will be.

[seekthetruth]

“And only natural born citizens, or persons who are citizens of the U.S. while the Constitution was being adopted, are eligible to become President, Correct?”

Yes. Our founding fathers added the clause “or citizens of the US at the time of the adpotion of the Constitution” so that one or more of them could hold the office of President. Washington was born in VA and Adams was born in MA, but at the time of their birth our country was still under British rule. So although they were born on the soil of our new country, they were not “natural born” because they were British subjects at birth, but were citizens of our new country at the signing of the Constitution.

[Citizen Blade]

For all extents and purposes, they are treated as US soil except from local laws and regulations per international conventions and treaties. Embassies have been used as places of sanctuary from host governments in many, many cases.

Their status as foreign soil is a legal fiction created by treaty. Most countries respect the fiction, of course. But, the host country can kick embassies out. That makes them different from real sovereign territory- no one can kick the US out of Florida or some other part of sovereign US territory in the same way.

[Beckwith]

Steinkauler is a native-born American citizen because he had 2 US Citizen parents (at least one naturalized by US statute) AND he was born in St. Louis, MO (USA).

Elg is a citizen of the United States. Elg had 1 foreigner parent (Sweden) and 1 US citizen parent (naturalized by US statute) AND Born in Brooklyn, NY (USA).

Obama is a citizen of the United States. He is not a native-born American citizen He has 1 foreigner parent (Kenya) and 1 US citizen parent and born????? (but let's assume Honolulu for arguments sake).

Now add this:

THE BRITISH NATIONALITY ACT 1948
part 2 SECTION 5
CITIZENSHIP OF THE UNITED KINGDOM AND COLONIES: Citizenship by birth or descent

5--(1) Subject to the provisions of this section, a person born after the commencement of this act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United kingdom and Colonies (Kenya) at the time of his birth.

So, Obama was a "subject" of the Queen for 21 years. At age 21 he would have had to pledge loyalty t the Crown to retain his British citizenship. He is said to have "divided loyalties."

Now, add this:

Earth Frisk Blog says they have contacted every hospital in Honolulu and says there is no record of Obama's birth at any Hawaii hospital and no record for Obama's mother at any Hawaii hospital.

All of Honolulu's hospitals were called or visited from November 20 through December 2nd, 2008. It was confirmed that OBAMA was not born in any hospital in Honolulu County! NONE!

Then there is grandma Sarah who keeps saying Obama was born in Mombasa. If true, His mother, although an American citizen is discounted, because she was under age at the time of Obama's birth for him to be a "Natural Born citizen." The US law, in 1961, for children born to a single parent of American birth born in a foreign country, was --"must be a citizen for 10 years, 5 of which must be beyond the age of 14." Anna Dunham was born in November 1942 and gave birth to Obama in August, 1961. thus making her 3 months short of her 5 years beyond the age of 14.

Needless to say, as a non-lawyer, I don't have the answer to any of this, but all of this conjecture is directly attributable to Obama, because he chooses to throw money and lawyers at these allegations, rather than simply presenting his vault-copy birth certificate.

My grandson had to present his birth certificate to play Pop Warner football. Are you suggesting that Obama should do less to prove his eligibility for POTUS?

[seekthetruth]

It is my understanding that Bobby Jindal although a citizen, he is not a “natural born” citizen and can not hold the office of President. He certainly can be a Governor, House or Senate member.

[John Valentine]

We can argue that a SCOTUS ruling was wrong or misguided, but we cannot arbitrarily wave them away.

Maybe you or I can't, but the Supreme Court can, by ignoring earlier rulings as if they didn't exist, as the Court did to Elk v. Wilkins when ruling in 1898 in the Wong Kim Ark case. They can just make it up. This notion of making up law out of thin air may help decide tough cases, but it was a bad practice then and it remains a bad practice today, because it brings untold and unforeseen results that are not well grounded in law, like "anchor babies".

[America2012]

Obama was born on August 4th, 1961.

Kenya declared independence from the U.K. on December 12th, 1963.

So at the time Obama was born, his father was a British citizen. "Natural Born" status requires that BOTH parents of a "natural born citizen" have to be U.S. Citizens at the time of the person's birth. "Natural Born" status is required to be sworn in as President.

Therefore Obama is disqualified. Which is why Leo Donofrio's case has legs.

[Citizen Blade]

All of Honolulu's hospitals were called or visited from November 20 through December 2nd, 2008. It was confirmed that OBAMA was not born in any hospital in Honolulu County! NONE!

No hospital would give out that information. Doing so would be a violation of HIPAA, as well as State privacy rules.

If you want to test this, if you have a child or other family member born at a certain hospital, call that hospital and ask if they were born there and see what they say.

[stevestras]

“Which just proves the point about divided loyalty which the Founding Fathers were trying to make. Given the stories floating around about Obama’s visit to Kenya and his meddling in their election, it would certainly seem that he has divided loyalties. Not to mention the fact of all his relatives still in Kenya.”

To me, this is the most important point of the whole affair. He clearly has divided loyalty.

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bump

[egannacht]

What if certain talkradio hosts really really really like Bobby Jindal, can we allow him to be President then? /sarc

It’s scarry how so few people are enlightened but rather rely upon an entertainer to think for them.

[lilylangtree]

Great news!

[classified]

Thankyou for responding: What about the response from Drew68:# 220

Andrew Jackson was the son of two parents who were not born on U.S. soil. Five other presidents (Thomas Jefferson, James Buchanan, Chester Arthur, Woodrow Wilson, Herbert Hoover) each had one parent not born on U.S. soil. Obama would be the sixth president to have one parent not born on U.S. soil.
This “natural born = both parents born on U.S. soil” argument is completely bogus and fabricated and exists nowhere in the U.S. Constitution.

(Is there truth in this response from Drew68 and how does this not cancel out the natural born argument if these statements are true)?

[BP2]

Chester Alan Arthur was the son of Irish born preacher William Arthur and Vermont born Malvina Stone Arthur. He was President from 1881-85.

Like a turd in a punchbowl, I've been waiting for the Chester Alan Arthur issue to show up on this thread...

- First of all, Chester's father, William Arthur, naturalized as a US citizen by the time Chester was born.

- Additionally, William Arthur emigrated to the US in 1821. Chester was born in 1829. The Naturalization Act of 1802 only required his father have 5 years under his belt to become a US Citizen.

- Chester A. Arthur, was born to TWO US citizens on US soil.

- As some in the Blogosphere have indicated, there is some modern-day conjecture saying his father may not have naturalized, or didn't do it in time for Chester's birth. Just because one person MAY have "gotten away with it", it does NOT mean we just ignore the rules in our Constitution. We cannot rewrite history. People didn't have all of the available resources and tools in the 19th century that are available today to prevent such a travesty from taking place.

However...

THE FACT THAT HIS OBAMA'S FATHER WAS A BRITISH CITIZEN AT THE TIME OF OBAMA'S BIRTH IS THE DIFFERENCE BETWEEN OBAMA AND ARTHUR.

And yes, Donofrio is ready for that if it POPS up there, too...

[classified]

Well if Jindal’s parents were not born in the U.S. then the same law would apply to him also! Right?

[lilylangtree]

This is an accurate toon

[egannacht]

It was a rhetorical question directed toward certain talkradio hosts that have utterly ignored this case.

[Publius Valerius]

Woodrow Wilson’s mother was English, too.