“It isn’t clear to me what happened to him. “
Barck Sr continued in school at Univ of Hawaii until 1962.
I believe he got his undergrad degree there and then went on to Harvard (leaving Dunham and Barack Jr behind).
“But as to the Sec. 1409 issue, there is a clear record of the divorce, together with a recital of the pleadings of the grounds for divorce (a statutory version of the burdensome marriage). So there is a divorce case file somewhere and typically counsel recites the location of the marriage in the file. So we need to get the divorce file and read the papers there which may shed some light on the place of marriage.”
Yes. See previous posts. The divorce was filed in Honolulu and state the date and place of marriage as Feb 2, 1961 in Maui.
Since this was a secretive weeding with no guests invited (think, shotgun wedding as she was 3 months pregnant).
“Under the circumstances, they were not going to spend the money on hiring counsel to complete a divorce proceeding unless they were married.” Correct. So this closes the door definitively on the ‘there was no marriage’ theory.
“Thus his citizenship still would need to come, either under Sec. 1401 which would require his citizen parent to have resided in the U S for five years prior to his birth and after such citizen parent reached age 14 or 16 which Ms. Dunham-Obama by definition did not, or because he was born in Hawaii of which as yet we have seen no real indication that he was.”
You are misreading the 1952 law imho, there is a residency requirement for the parent, which is more than fully met by the fact that Stanley Ann Dunham lived her whole life in the United States up until the birth of Barack Obama Jr.
Raycpa quote the law in a previous post, and it required 3 of the 5 years to be after age 14. She met the requirement.
The 1934 and 1952 laws give citizenship at birth to children of U.S. citizen mothers.
As I said earlier, it is 100% certain that both Barack Obama and John McCain meet the eligibility requirements to be President.
I doubt anything in Family Law is that straight forward.
My ex married a guy who turned out to be a pathological liar.
While they were married she got pregnant.
She discovered her husband's pathological lies shortly thereafter.
She retained council and had the marriage annulled.
Note that an annulment means that the marriage never actually happened, yet she still needed an attorney to sort out something that legally never happened.
Then her daughter was born.
Years later we met and married.
I adopted the daughter.
Now consider my daughter's case, although her parents were married when she was conceived, she was retroactively a bastard at birth, as her parents had never been married, even though they had. When I adopted her, she became retroactively born in wedlock, and I retroactively was added to her birth certificate, making me the birth father of record by immaculate conception 3 years before her mom and I ever met.
I come by my skepticism of the reality of official records naturally...
Imagine the confusion this will create if, God forbid!, she runs for president!
Bad enough if her mom and I are still around and still have an appreciable fraction of our marbles left. (We'll be well into our 70's before this could ever be an issue).
Now imaging the difficulties having me listed as her male genetic source could cause an geneticist in a hundred years.
Yet there I am, big as life, on her official birth certificate, and he is no where to be found. Not even on the hospital record of birth as she refused to name him.
Assuming, of course, that she didn't spend the last few months of her pregnancy on a honeymoon in Kenya. And further assuming that this teenaged girl's actions were driven by as good a grasp of the finer points of immigration, naturalization, and constitutional laws that is at least as good as yours.
If you'll let me assume the conclusion is part of the evidence, I can prove my side of the debate to...
As I said earlier, it is 100% certain that both Barack Obama and John McCain meet the eligibility requirements to be President.
To you. The rest of us still have some lingering questions about the facts of the matter.
The fact we do know, or at least the fact that appears regularly in the record is that he got a degree in the spring of 1962. But we don't have any record that shows him in school on Feburary 2, 1961 (a Thursday, says Obama, which I have not confirmed). And I doubt we will find one although he might have been enrolled and showed up back in class on the sixth.
You are misreading the 1952 law imho, there is a residency requirement for the parent, which is more than fully met by the fact that Stanley Ann Dunham lived her whole life in the United States up until the birth of Barack Obama Jr.
Raycpa quote the law in a previous post, and it required 3 of the 5 years to be after age 14. She met the requirement.
The 1934 and 1952 laws give citizenship at birth to children of U.S. citizen mothers.
No.
The 52 law and the 34 law, codified as 8 USCA Sec. 1409(c) applies only to children "out of wedlock". We have established here a mother and father who are married to each other so Obama doesn't meet the precondition that he be illegitimate; Sec. 1409(c) doesn't by its terms apply.
Thus he has to get back to Sec. 1401(g) to find citizenship through his mother--ten years of residence before birth, five of which are after 16; since she was only 18, she flunks.
If Obama is born in Kenya, he not only isn't eligible to serve as President, he also is not a citizen.
As I said earlier, it is 100% certain that both Barack Obama and John McCain meet the eligibility requirements to be President.
You can keep reciting that at the bottom of every post but it is also not correct.
McCain has an obvious problem as indicated by the numerous law review and other legal periodical articles, meeting the natural born test. There is no conclusive authority directly in point on the issue. The kind of reasoning I have seen courts engage in on statutory issues is: Well if Congress can overcome the Constitutional provision with legislation, it can effectively amend the Constitution. If this ever gets to a tribunal with authority to decide the question, McCain flunks the Natural Born test.
Obama is a question of fact. If he was born in Hawaii, he is eligible; and he is a citizen. If he was born in Kenya, he is not eligible and he is not a citizen. Simple.