As I pointed out in this post, SEC. 349. [8 U.S.C. 1481] does not leave a hole for Obama can fall into.
Very timely point. Let's start at the bottom. Sec. 1481 is predicated on citizenship. Your earlier post is fine--if Obama was a citizen, absent some one of the acts specified, his mother couldn't lose his citizenship for him under US law. But for purposes of the issues presented here, to get to the statute, you need to find he was a citizen when born--and if he was born in Kenya, he wasn't.
And the statute doesn't affect the Natural Born test under the constitution.
And I know it will come as a shock to you however treaties trump US law.
If he was born in Kenya, the subject is not on the table. But the real issue is application of the treaty if he were born in Hawaii--the father then filed in Kenya under the treaty; what are the applicable rules of law?
As to his rights as a citizen of Kenya? That is not an issue here and we do not address it.
Is he a citizen of the US? A natural born citizen? I assume in the context of this presidential election, the courts will hold the answer to both questions is yes as to Obama, even though there is an obvious issue of sovereignty. There is a good argument, that as a result of application of the treaty, he ought to be viewed as ineligible but as a lawyer who has been in politically sensitive cases, I would guess the judge comes out on the other side.
And I know it will come as a shock to you however treaties trump US law.Take the example of the Texas execution. The Supreme Court found that we had treaty obligations that couldn't be constitutionally enforced.
Think about it. If some provision of the Constitution could be changed by treaty then that would be yet a third way to amend it. One that would only require the Senate and the President's concurrence.
Very timely point. Let's start at the bottom. Sec. 1481 is predicated on citizenship.First, lets agree that if Obama was not born on US soil he has a lot of problems and probably isn't eligible.
Now on to the case where he was born on US soil. The 14th amendment confers citizenship on him the day he is born. His parents cannot give his citizenship away. He hasn't been convicted of treason. He didn't serve in a foreign military. He wasn't old enough to convince the State Department he knew what renouncing citizenship means.
Under which clause of SEC. 349. [8 U.S.C. 1481] would Obama have lost his citizenship?