Don’t miss this nugget that USMCobra found!
Many people think that if you are born on American Soil you must be an American Citizen, and in theory that is true.Link HereHowever, if one of your parents is not an American Citizen, usually your father, and if that parent Registers you as a National of their country and if that country does not recognize the concept of Dual Citizenship/Nationality you are not an American unless you become Naturalized.
The Nationality of your American Parent and your place of Birth are not relevant, the Law of the other Country takes precedence under The Master Nationality Rule of Article 4 of the Hague Convention of 1930.~~~~~~
If Kenya does not recognize Dual Nationality, Senator Obama is a Kenyan and has been since he was two years old. Prior to that he would have been a British Subject.
If his mother gave up her US Citizenship, and if he was Adopted by her Second Husband, and if Indonesia does not Recognize the Concept of Dual Nationality, Senator Obama is an Indonesian.
In neither case does his Place of Birth or his mothers Nationality have any legal Consequence whatsoever because the USA accepts the existence of Dual Nationality only if the other country does.
Hague Conventions are applied by the USA and this has been US Law since before 1930 (see:Memorandum on Nationality, including Statelessness: Document A/CN.4/67, Prepared by Ivan S Kerno, International Law Commission, United Nations General Assembly, 6th April 1953.)
I have had many arguments about Obama's need to reaffirm his citizenship at the age of eighteen according to the laws and processes the State Department has for doing so and every time I have been told that dual citizenship does not matter and that you cannot lose your US citizenship unless certain conditions have been met.
this is the first example of what I have been talking about that our laws do have a means by which someone that has previously lost their citizenship by the actions of a Parent can reaffirm it at eighteen or lose it permanently if they don't follow those steps as required by law and in the process as set by the State Department.
(b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have lost United States nationality by the commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs (3) and (5) of section 349(a) of this title.
Now before any of you tell me that this country doesn't recognize other countries' rights to forbid dual citizenship, this country sign an treaty that says we will and we must honor that treaty and it's conditions.
Just to be clear, I think there is a reasonable argument that the multiple citizenship issues present a problem with respect to both Kenya and Indonesia. If Obama in fact did something after he reached the age of legal capacity to affirm one of those other relationships, it would exacerbate the problem.
Absent that, I think if it turns out he was born in Hawaii, he is likely to be held eligible; if not, he isn't; even if he was a citizen when he was born which I believe he was not.