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

To: FORTRUTHONLY
Actually the 14th Amendment only applies to "All persons born or naturalized in the United States, and subject to the jurisdiction thereof".

The 14th Amendment does not automatically confer natural born citizenship to those persons born outside the United States or it's jurisdiction regardless of their parentage, or in Obama's case the illegitimate child of a American Mother and a Kenyan Father, possibly born elsewhere but issued a Hawaiian Birth Certificate (which according to Hawaii's own website they will issue to those that ask for one).

Who is Eligible to Apply for an Amended Certificate of Birth?

As provided by law (HRS §§338-17.7, 338-20.5), the following persons may apply for an amended certificate of birth:

How to Apply for an Amended Certificate of Birth

For a person born in the State of Hawaii who already has a birth certificate filed with the Department of Health and has become legally adopted

For a person born in the State of Hawaii who already has a birth certificate filed with the Department of Health and has undergone a sex change operation:

For a person born in the State of Hawaii who already has a birth certificate filed with the Department of Health and a legal determination of the nonexistence of a parent and child relationship for a person identified as a parent on the birth certificate on file has been made:

For a person born in the State of Hawaii who already has a birth certificate filed with the Department of Health and previously recorded information in relation to the person’s surname and/or the father’s personal particulars has been altered pursuant to law:

For a person born in a foreign country who has been legally adopted in the State of Hawaii:

Note: Any additional application forms that may be required will be provided by the Department of Health after receipt of the necessary documents in support of the establishment of an amended certificate of birth.

Source here

Simple question is a child born outside of the United States that has such an amended adopted birth certificate an American Citizen?

According to the 14th Amendment No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Or in other words the states do not have the right to grant or deny the rights of citizenship based upon their own (the states or in this case Hawaii) laws.

As we know Obama was Legally adopted in Indonesia By Lolo Soetoro, it is possible that he has an Indonesian adopted birth certificate that was replaced by a Hawaiian one which changed his name to Barack Obama by his Hawaiian grandparents since his mother stayed in Indonesia.

The real question is what is on his original birth certificate if he even has one and where was it originally issued?

1,852 posted on 07/06/2008 12:39:39 PM PDT by usmcobra (I sing Karaoke the way it was meant to be sung, drunk, badly and in Japanese)
[ Post Reply | Private Reply | To 1776 | View Replies ]


To: usmcobra

Actually this has been considered to be left to the interpretation of the Supreme Court and this is what I fear most, based on their latest leftist decisions (minus the guns). It all comes down to the current law in calculating the nexus which has a more elusive and quixotic nature in the case of a child born abroad.


1,863 posted on 07/06/2008 12:57:47 PM PDT by FORTRUTHONLY (Easy as 3.14159265358979323846...)
[ Post Reply | Private Reply | To 1852 | View Replies ]

To: usmcobra
What you are saying is that Obama could have as many as 4 legitimate birth certificates issued by governments following their own "modification" rules.

If all those documents (or copies thereof) were on file in Hawaii, with the information on them making up part of the data base accessed to produce a modern, up to date "certificate", you could easily get multiple certificates issued at different times responding to different requests for certification. They would all be legitimate and different.

1,869 posted on 07/06/2008 1:11:13 PM PDT by muawiyah (We need a "Gastank For America" to win back Congress)
[ Post Reply | Private Reply | To 1852 | 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