“Thus he has to get back to Sec. 1401(g) to find citizenship through his mother-”
If you assume a marriage between his parents (which is valid) and a birth overseas (which is not), we are on the same page her. I quoted from the law itself. You can read the code here:
http://www.law.cornell.edu/uscode/8/1401.html
Let me repeat the law itself:
“a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years”
So she met the residency test and Barack Obama meets the natural born citizenship test.
Now, I was wondering about why you have a different residency requirement - I found it here: “1986Subsec. (g). Pub. L. 99653 substituted five years, at least two for ten years, at least five. “ So an amendment in 1986 changed the situation to the 5 + 2, which Stanley Ann Dunham met. Further, the claim that someone can fail a residency test despite living their whole life in the US is beyond dubious.
“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.”
False. McCain is manifestly and obviously a natural born US Citizen, 100% certainty of this.
http://volokh.com/archives/archive_2008_02_24-2008_03_01.shtml#1204265246
http://volokh.com/archives/archive_2008_02_24-2008_03_01.shtml#1204246912
http://query.nytimes.com/gst/fullpage.html?res=9B0DE4DF103EF933A1575AC0A961948260
http://althouse.blogspot.com/2008/02/crafty-obama-finds-way-to-look.html#comments
PS. Making snopes and other debunking sites:
http://www.snopes.com/politics/obama/citizen.asp
http://peacefulvet.info/blog/2008/06/19/barack-obama-is-a-us-citizen/
I'm not an expert on this, but I'm pretty sure that Sen. McCain is a "natural-born citizen" and thus eligible to be President: He was a citizen from birth, having been born to citizen parents (his father was stationed in the Canal Zone). My sense is that "natural-born citizen" is most plausibly interpreted as being a citizen from birth.Your "100% certain" is Mr. Volokh's "pretty certain" and "most plausibly interpreted".
Wrong again. There is a specific effective date for the change--Congress says it applies only to persons born after November 24, 1986. Barack was born in August of 1961. So the change doesn't apply to him--he either has to win with ten and five or he isn't a citizen.
Not in 1961 she did not. The statute change was not retroactive.