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To: Beckwith

That chart is a bit one-sided. For example, the first one actually concludes that Obama IS a natural born citizen if he was born on U.S. Soil.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=169&invol=649

Quote:

In U. S. v. Rhodes (1866), Mr. Justice Swayne, sitting in the circuit court, said: ‘All persons born in the allegiance of the king are natural- born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.’

That specific issue is debated in the Kim Ark case.

There was a specific issue for Chinese naturalization (founded both in treaty and in statute) but not for those of African or European origin since the exemptions applied to persons of Chinese descent didn’t apply.

The conclusion:

“In other words, the fourteenth amendment does not exclude from citizenship by birth children born in the United States of parents permanently located therein, and who might themselves become citizens; nor, on the other hand, does it arbitrarily make citizens of children born in the United States of parents who, according to the will of their native government and of this government, are and must remain aliens”.

Kim Ark didn’t qualify because he was of Chinese descent.

Overall, “citizenship by birth” equates to “natural born citizen”.

Ergo, unless Obama is part Chinese, being born on American soil does entitle him to run for President.


26 posted on 12/13/2008 5:03:51 AM PST by Don Stadt
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To: Don Stadt

I meant to add:

The key words in that conclusion were, “according to the will of their native government and of this government”.

Even if both of Obama’s parents had been Kenyan, their offspring would be a natural born American if born on American soil - unless a legal impediment (treaty or statute) was in place that satisfied both Kenyan and American interests at that time.

So, for Obama to be declared ineligible even if he was born in Hawaii, there would’ve had to be an existing and lawful impediment to him receiving “natural born” status, by mutual agreement between Kenya and the USA, and/or the UK and the USA, at the time of his birth.

We wouldn’t need Obama’s cooperation at all to find THAT smoking gun. Assuming it ever existed. Which, as far as I can tell, it didn’t.

His mother is a natural born American so it doesn’t matter if his natural father wasn’t. The fact she split with his alleged father is also totally irrelevant.

The argument over her age rendering Obama inelegible for natural born status is only relevant if Obama was not born in Hawaii.

So, we would need documentary evidence from Kenya (not mere testimony) proving that he was born there, and/or documentary evidence proving that the DoH in Hawaii lied on October 31st when they confirmed his place of birth was Honolulu, for there to be any question of ineligibility.


30 posted on 12/13/2008 6:08:19 AM PST by Don Stadt
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