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Being born in the United States does not even make one a 'NATIVE' citizen.
nobarack08 | Feb 12, 2010 | syc1959

Posted on 02/12/2010 12:35:44 PM PST by syc1959

Being born in the United States does not even make one a 'NATIVE' citizen.

Immigration and Citizenship: Process and Policy fourth edition Under Jus Soli, the following is written "The Supreme Court's first holding on the sublect suggested that the court would give a restrictive reading to the phrase, potentially disqualifing significant number of persons born within the physical boundries of the nation. In Elk v. Wilkins 112 U.S. 94, 5 S.CT. 41, 28 L.ED. 643 (1884), the court ruled that native Indians were not U.S. citizens, even if they later severed their ties with their tribes. The words "subject to the jurisdiction thereof," the court held, mean "not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange." Most Indians could not meet the test. "Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian Tribes, (an alien through dependent power,) although in a geographical sense born in the United States, are no more 'born in the United States and subject to the jurisdiction thereof,'*** then the children of subjects of any foreign government born within the domain of that government ***. Id. at 102. It continues that Congress eventually passed legislation with the 'Allotment Act of 1887, that conferred citizenship on many Indians.

The fact remains, the Court held, complete and sole Jurisdiction. As I have held that being born anywhere in the United States, jurisdiction is required, sole and complete, and Barack Hussein Obama was already claimed by British jurisdiction under the British Nationailty Act of 1948, and as such fails the United states Constitutional requirement of a Natural Born Citizen.

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Barack Hussein Obama did not have sole jurisdiction under the United States.

Title 8 and the 14th Amendment clearlt state the following;

All persons born or naturalized in the United States and subject to the jurisdiction thereof

Note: 'subject to the jurisdiction thereof'


TOPICS: Government; Politics
KEYWORDS: barack; birthcertificate; birthers; certifigate; citizen; illegal; nativeborncitizen; naturalborn; naturalborncitizen; obama; undocumented
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To: Danae

Thanks for posting this!


701 posted on 02/15/2010 12:25:10 PM PST by thecodont
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To: thecodont
I am sitting here somewhat blown away.

Fight the smears:

http://www.fightthesmears.com/articles/5/birthcertificate.html



“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”



The following section has been scrubbed off of the internet to a great degree. All of Title three is missing, you might be able to find the table of contents, but NOT the text. This is the text, this starts at PDF page 274, document page 235.

http://www.constitution.org/uslaw/sal/066_statutes_at_large.pdf

TITLE III-NATIONALITY AND NATURALIZATION CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH SEC. 301 .
(a) The following shall be nationals and citizens of the United States at birth : (1) a person born in the United States, and subject to the jurisdiction thereof ; (2) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe : Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property ; (3) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one f its outlying possessions, prior to the birth of such person ; (4) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States ; (5) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its 235 236 PUBLIC LAW 414-JUNE 27, 1952 166 STAT . 54 Stat. 1138. 8 USC 601 . outlying possessions for a continuous period of one year at any time prior to the birth of such person ; (0) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States ; (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years : Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph . (b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State for at least five years : Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years. (c) Subsection (b) shall apply to a person born abroad subsequent to May 24, 1934 : Provided, however, That nothing contained in this subsection shall be construed to alter or affect the citizenship of any person born abroad subsequent to May 24, 1934, who, prior to the effective date of this Act, has taken up a residence in the United States before attaining the age of sixteen years, and thereafter, whether before or after the effective date of this Act, complies or shall comply with the residence requirements for retention of citizenship specified in subsections (g) and (II) of section 201 of the Nationality Act of 1940, as amended .


702 posted on 02/15/2010 12:39:35 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: STARWISE

Ping.... Read the posts above this one too, back into the 690’s


703 posted on 02/15/2010 12:43:09 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: EnderWiggins
it does not say anything about children born on US soil.
It doesn't have to, only a moronic loser would dare to believe that only those children born to US citizen Parents beyond the seas were the only legal form of Natural born citizens.

Everyone else understand that in defining naturalization and Natural Born Citizen, The First US Congress wrote the law of the land as it pertains to citizenship overriding English common law of the day.

I'll be even more clear on this issue, one of the reasons that the War of 1812 was fought was because England was Pressing into the Royal Navy Natural Born US citizens, claiming they were still British Subjects because their fathers and mothers had once been English subjects before the revolution

704 posted on 02/15/2010 12:45:17 PM PST by usmcobra (Your chances of dying in bed are reduced by getting out of it, but most people still die in bed)
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To: usmcobra
"It doesn't have to, only a moronic loser would dare to believe that only those children born to US citizen Parents beyond the seas were the only legal form of Natural born citizens."

Thus proving beyond any doubt that it is not the definition for natural born citizens. Because the members of the First Congress were not moronic losers.
705 posted on 02/15/2010 12:48:08 PM PST by EnderWiggins
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To: usmcobra

See post 702.

By Obama’s admission, he was born under the British Nationality act of 1948. he is a Natural Born Citizen of Britain. Not of the United States. The 1952 Immigration and Naturalization act makes that clear in Title III, the section scrubbed off the internet. Post 702 quotes the beginning of the passage with a link to the PDF. Download it now. This would be the next thing scrubbed.


706 posted on 02/15/2010 12:49:59 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: EnderWiggins

read post 702.


707 posted on 02/15/2010 12:50:34 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: Velveeta; Danae; syc1959; maggief; LucyT; All

> Thanks for the correction on spelling.

>> I’m not sure if it was a “correction” per se. I’ve seen it spelled both ways.

>> They didn’t have spell checkers back in the 1950s.

Also, OCR (Optical Character Reader) Software is only as accurate as the clarity of original document, scan resolution, the scan software itself, and the final human proofreader.

I've found a lot of old, archived, digitized documents on the topic of “Natural Born Citizen” by searching for “Natural Bom Citizen” or “Natural Bom Subject”. The OCR software used by the archivist will sometimes interpret the two letters “rn” as a single “m”.

For example, on the bottom of pg 362 of The Laws of Maryland: 1692-1785 on Google Books, it reads to the human eye as “Natural Born”, but it SEARCHES and is indexed as “Natural Bom”.

The same is sometimes the case for “Natural Bom Subject”, as well.


708 posted on 02/15/2010 12:56:39 PM PST by BP2 (I think, therefore I'm a conservative)
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To: Danae

Dead horse.

That you just started to beat it does not mean its a different dead horse from the one that Birthers have been beating for two years.

“Subject to the jurisdiction” means “not the child of a foreign diplomat or occupying army.” The US Supreme Court has said so. Since Obama was not the child of a diplomat or an occupying army, he was subject to the jurisdiction of the United States at birth.


709 posted on 02/15/2010 1:00:20 PM PST by EnderWiggins
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To: EnderWiggins

Compare it to Obamas admission of being born under British Jurisdiction - British Nationality Act, he was FIRST a citizen of Britain. Second a citizen of the US, a citizen, but not a Natural Born Citizen.

You are completely wrong.


710 posted on 02/15/2010 1:02:55 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: BP2

I saw that. I have noticed that before and thought it was just my eyes going out on me.


711 posted on 02/15/2010 1:07:40 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: EnderWiggins

You are whimpering.

As an admitted British subject and Kenyan Citizen, Obama is everything the Founding Fathers wanted to protect against when they wrote that Natural Born Clause.

As a lawyer, Obama knows better than to even claim to be a Natural Born Citizen, He has always referred to himself as a Native Born citizen.


712 posted on 02/15/2010 1:09:03 PM PST by usmcobra (Your chances of dying in bed are reduced by getting out of it, but most people still die in bed)
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To: Danae
Read it again. There is no mention of any jurisdiction whatsoever. There is only the straight forward recognition that British law governs British citizenship. Not American citizenship... British citizenship. Britain can give its citizenship to anybody it wants. Even Obama. Even you.

Now... how can anybody be "first" a British citizen when both citizenships are established at the moment of birth? That would be a neat trick. Both citizenships are in place at exactly the same time... the only issue is which is which.

Obama's British citizenship is "jus sanguinis." It is statutory via the British Nationality Act.

Obama's American citizenship is jus soli. It is natural born citizenship because he was born on American soil, under the protection (i.e. "subject to the jurisdiction) of the American government for which he owes his allegiance from birth.
713 posted on 02/15/2010 1:12:46 PM PST by EnderWiggins
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To: EnderWiggins

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”


714 posted on 02/15/2010 1:13:33 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: usmcobra
"As an admitted British subject and Kenyan Citizen, Obama is everything the Founding Fathers wanted to protect against when they wrote that Natural Born Clause."

That would be more convincing had they ever bothered to actually say that. But they didn't.
715 posted on 02/15/2010 1:13:48 PM PST by EnderWiggins
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To: EnderWiggins
wiggieFool - back to your coloring books
716 posted on 02/15/2010 1:16:12 PM PST by syc1959
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To: EnderWiggins

It’s hard to figure whether you’re faulting the Founders because they didn’t have a time machine so they would know about the coming of your affirmative action fraud-in-chief, or you’re denying the Constitution cites being a natural born citizen as a requirement for legitimate holding of the office of President ... hence the reason some of us use ‘pres_ _ent when referring to the office your Barry holds.


717 posted on 02/15/2010 1:18:10 PM PST by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: EnderWiggins

LMAO

I just re-read your post.

Your whole argument rests on the singular idea that you can be a dual citizen and be president of the united States.

Nope, you can’t. This is EVERYTHING the founders wanted to prevent.

A Natural Born Citizen holds ONLY the citizenship of the United States. A Native Born Citizen was born here, but may have an alien parent. The two are NOT the same and never have been.

I feel completely free to ignore literally every thing you post in the future now. You have nothing of any value or content to say.


718 posted on 02/15/2010 1:19:00 PM PST by Danae (Don't like our Constitution? Try living in a country with out one.)
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To: EnderWiggins

July 25, 1787 letter from John Jay to George Washington, presiding officer of the Convention. Jay wrote:

Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen

Maybe it should have said “Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners and ‘wiggieFools’ into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen


719 posted on 02/15/2010 1:19:55 PM PST by syc1959
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To: Danae; All

> Since Sen. Obama has neither renounced his U.S.
> citizenship nor sworn an oath of allegiance to Kenya, his
> Kenyan citizenship automatically expired on Aug. 4,1982.

Yep, Obama’s KENYAN citizenship, but not his status as a British
“Natural Born Subject”.

Once a British subject, forever a British subject!


720 posted on 02/15/2010 1:23:50 PM PST by BP2 (I think, therefore I'm a conservative)
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