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To: kabar

“Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time).”

Does not apply to Obama as the law when he was born stated something different. It stated that his US citizen parent had to have resided in the US for a minimum of five years AFTER the age of 14-years. She gave birth at age 18-years. He doesn’t qualify UNLESS he was born in Hawaii. Being born in Kenya puts a whole new twist on this subject.

We haven’t discussed his mom’s attitude in this. According to Obama’s own autobiography, Stanley Ann Dunham Obama Soetoro didn’t consider Americans “her people” and she didn’t like the United States. She lived most of her life in Indonesia and is believed a citizen of that nation per her marriage to Lolo Soetoro. Though she filed for divorce from him in Hawaii, he passed away before it was finalized. So she was one of his widows (he had two wives.)

And keep this in mind - Title 8 of the US Code Sect. 1401 - none of this is part of the US Constitution. There are Constitutional scholars who insist that “natual born citizen” means what it has always been interpreted to mean; born here in the U.S.A.

“The 14th Amendment defines citizenship...”

Nice try. The 14th Amendment does define citizenship but not who is a “natural born citizen”. Gov. Arnold Schwarznegger is a US citizen BUT he is not “natural born” and thus ineligible to be President. Article II of the US Constitution sets those reguirements, not the 14th Amendment (Professor Laurence Tribe, Harvard, and Senator Barack Obama wish otherwise).

Some people have theorized that Senator Obama intends to challenge the Article II intent of the U.S.Constitution and replace it with the 14th Amendment.


310 posted on 10/12/2008 4:31:44 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: SatinDoll

Some people have theorized that Senator Obama intends to challenge the Article II intent of the U.S.Constitution and replace it with the 14th Amendment.........

If the Kenyan birth is true, I would hope that the Americans will be so mad at his fraud and the DNC as the accomplice that it won’t matter because he will not be elected anyway.


312 posted on 10/12/2008 4:39:37 PM PDT by Hang'emAll (WE WILL NOT DISARM!!!)
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To: SatinDoll

Actually, Berg is going at Obama on both fronts — his adoption in Indonesia AND the witnesses of his birth in Kenya:

http://www.freerepublic.com/focus/news/2103980/posts?page=1

If Obama is not naturalized, he could be deported back to Indonesia. If he was naturalized after adoption, then he doesn’t qaualify to be POTUS and will be sued for false advertising/etc. Regardless, the fact that this trial has gone so far is making democrats question their leadership.


316 posted on 10/12/2008 4:52:33 PM PDT by Arthur Wildfire! March ("Never tell me the odds!" -- Han Solo)
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To: SatinDoll

Not so. US Code: Title 8, Chapter 12, subchapter III, Part I, Sub-subsection 1401, (g), Effective Dec 24, 1952.

usc_sec_08_00000601

usc_sec_08_00001401

And keep this in mind - Title 8 of the US Code Sect. 1401 - none of this is part of the US Constitution. There are Constitutional scholars who insist that “natual born citizen” means what it has always been interpreted to mean; born here in the U.S.A.

They are entitled to make any challenges they want. McCain's birth can be challenged on similar grounds. The issue has never gone to SCOTUS.

I can tell you that the way citizenship is defined in US Code is the way it is administered here and overseas. Obama either received his citizenship via jus solis if he was born in Hawaii or jus sanguinis if he was born overseas. We can argue what might happen if a President Obama's eligibility for President would be challenged, but given practice, current laws, and the fact that he had been elected would weigh into any SCOTUS decision. I suspect that they would uphold the current practice and not give the Presidency to Biden.

322 posted on 10/12/2008 5:00:04 PM PDT by kabar
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