Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: David
1986 is apparently the year of the amendment to Sec. 1401(g) which governs Obama's citizenship. However if you will look in the footnotes to the statue, you will see that it applies only to persons born after November, 1986 and thus the reduction of term of residence for the single parent citizen from 5 to 2 is inapplicable to Obama.

Thus if he was born in Kenya, he is not only not eligible to serve as President under Article II, Sec. 1, Par. 4, he is also not a citizen of the United States.

IANAL, but I think that the footnote and the actual USC language refer to it taking effect October 1988, with the provision of it applying to those born after November 1986.

Note that (g) itself states: "This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;"

If this wasn't to go into effect for people born before 1986, why would the military proviso be referenced with such an old date?

From what I see, it's retroactive to all....with a 2 years/14-years clause that would make Sen. Obama a natural born citizen if he was born in Hawaii.

761 posted on 07/04/2008 8:31:36 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 744 | View Replies ]


To: Gondring
"If this wasn't to go into effect for people born before 1986, why would the military proviso be referenced with such an old date?"

That's just it. It was a MILITARY provision. Obama's parents were not military.

803 posted on 07/04/2008 9:31:32 AM PDT by Spunky (You are free to make choices, but not free from the consequences)
[ Post Reply | Private Reply | To 761 | View Replies ]

To: Gondring
You said "Note that (g) itself states: "This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;""
IANAL either, but note that earlier in (g) it states "Provided, That any periods of honorable service in the Armed Forces of the United States, or...."
I think the operative word in what you have quoted is proviso. I'm pretty sure it references only the portion of paragraph (g) that begins with "Provided." See http://www.state.gov/documents/organization/86757.pdf if you care to read more than you ever wanted to know on this topic.
804 posted on 07/04/2008 9:31:44 AM PDT by DrC
[ Post Reply | Private Reply | To 761 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson