The SCOTUS has never ruled definitively on the definition of natural born citizen and the Constitution itself does not define it. That much is indisputable fact.
Whether or not Barack Obama Sr. had a permanent domicile in the U.S. is not immediately clear.
One could argue that he did since he attended college in Hawaii for an extended period of time, married an American citizen, and (supposedly) set up residence with her for the purpose of raising a child. He then went on to attend college on the mainland for some period of time.
(I declare my home in Texas as my permanent main residence for tax purposes. If I sell it and move to Seattle, the house in Texas was still my permanent residence for the period of time I lived there.)
On the other hand, one could argue that Obama Sr. did not have a permanent residence because he was attending college on scholarship with the full intention to return to Kenya to put his education to use. That he married an American citizen could be attributed to the fact that he knocked her up and felt pressured to marry her. It could be that his tribal marriage in Kenya negated his marriage to Dunham because some tribal marriages were recognized by GB.
Actually, the more I read Wong, the Wong court did everything but come right out and say it directly. The reason is, they were dealing with non-naturalized citizenship and not the presidential question.
But throughout the case they pretty much indicate its the same thing. Only two kinds of citizens, naturalized citizens and citizens. Throughout the case they cite English common law and its holdings that place of birth makes one a “natural born subject” and that a “natural born citizen” is the same thing.
I have noticed the domicile argument start to come up, but Wong makes its clear that is a non-starter. If the baby is born here, and the parents aren’t one of several exemptions, the baby is a citizen. Plus, a 2009 Indiana case, the Court used Wong (for some reason the Plaintiffs chose not to mention Wong....hmmmm....imagine that)and found Obama a natural born citizen via Wong.
Here’s the 2009 Indiana case:
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf
Pages 13-18.
If you need the language on the domicile stuff or Wong link, let me know.
parsy, the tireless Warrior for Truth