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To: Gondring
Yes. Then, in 1986, legislation was passed to address that, putting them in the classification of Citizen by Birth. It is unclear how the 1961 decision would apply, but IANAL. :-)

If one is not a Natural Born Citizen at the time of birth, then one is not eligible to be president. Congress cannot ex-post facto create a Natural Born Citizen out of a foreign national by legislative mandate. The status at the time of birth is controlling. Thus, if Obama was born outside the United States in 1961 and his father was not a US Citizen, then he would not be a Natural Born Citizen.

Congress has the power to make Citizens of anyone they want at any time they want, but they do not have the power to change a person's birth status after they are born. Any act by Congress that would change a person who was not actually born a Citizen of the United States into a "Natural Born Citizen" would be unconstitutional on its face.

They can change them into a "Legislatively Mandated Citizen" but they can't go back in time and make them a "Natural Born" citizen.

774 posted on 07/04/2008 8:48:53 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe

Can they take it away?

Can the SCOTUS?


775 posted on 07/04/2008 8:49:44 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: P-Marlowe
Thus, if Obama was born outside the United States in 1961 and his father was not a US Citizen, then he would not be a Natural Born Citizen.

Not necessarily true.

1409. Children born out of wedlock

http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001409——000-.html

800 posted on 07/04/2008 9:20:49 AM PDT by Raycpa
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