http://www.factcheck.org/askfactcheck/does_barack_obama_have_kenyan_citizenship.html
British Nationality Act of 1948 (Part II, Section 5): 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 at the time of the birth.
In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.
Obama’s British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that:
1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963...
2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
As a citizen of the UKC who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963.
There is nothing wrong with your point of view, especially from an original intent perspective, which was, after all, specially aimed at those who might bear allegiance to the King of Great Britain. And you are quite right that Barack Obama II is the acknowledged son of Barack Obama Senior, a British subject with all that follows from that fact. No one, including Barack Obama himself would disagree with that.
I am just pointing out that our legal system, our politicians, and our Constitutional scholars take a different contemporary view that anyone born on the soil of the United States, regardless of the citizenship status of the parents, are natural born citizens. Now, we have know ruling that specifically addresses this issue in regard to Presidential eligibility and until someone with standing brings a case, we may never know.
That’s just the unfortunate state of affairs that we find ourselves in today. I don’t like the fact that Obama is President. I supported McCain with my vote and my pocketbook even though I have not cared for him for years. But, I did understand the consequences and we are now having to live with those consequences.
There is no magic undo button. Your arguments have merit, but I don’t think that they would every prevail in court. The 2012 election is only remedy available to us.
You are missing a key concept in British law and that is the one of legitimacy. British citizenship law was quite complicated.
You can start with scrolling down to the definitions section of the Act.