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To: kabar

Yes I do realize that Obama is a citizen. There is no question about that. The issue arises as to whether he is of natural-born status as required by the Constitution. Which if one of his parents is an alien then he is not granted natural born status per the Act of 1790. And since there is no other law regarding natural born status this is where the issue arises.


287 posted on 11/07/2008 8:54:39 PM PST by Conservative Capitalist
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To: Conservative Capitalist
I was responding to the circumstance of his being born in wedlock out of the country to an amcit and an alien father. Yes, he would not be a natural born citizen.

However, if Obama was born out of wedlock overseas, the following might apply under the Immigration and Nationality Act TITLE III Chapter 1, SEC. 309. [8 U.S.C. 1401] 4 (C) (c)

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

349 posted on 11/07/2008 10:03:41 PM PST by kabar
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