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Thanks. I claim no legal expertise, and am more interested in discovering the historical truth about what the authors of the Constitution actually intended (if this turned out to be in Obama’s favor, so be it). The interpretations and traditions of courts are definitely not immune to error or manipulation. My point ultimately is that the Founders would have most likely regarded Obama, Jr. as precisely what you have written: the child of a British citizen overseas, and thus a British nbs, thus not an American nbc. A post not far above that cites Madison’s comments on exactly such a case in 1811, corroborates this view.

My point ultimately is that the Founders would have most likely regarded Obama, Jr. as precisely what you have written: the child of a British citizen overseas, and thus a British nbs, thus not an American nbc.

Actually, I think they would have regarded him as an American NBC as well because he was born in this country, regardless of whether Britain would have claimed him as a citizen as well.

I do not believe that any nation can have workable rules of citizenship based upon whether other nations consider that person a citizen. If someone qualifies as a U.S. citizen, then they are a U.S. citizen regardless of whether any other nations claim them or not. There is nothing in either British Nationality law or U.S. law that says claims of citizenship by other nations, under their laws, matter in the least.

Just as an example, the 14th Amendment clearly makes anyone born in this country a citizen under U.S. law. But under British law, a person born in this country of two British parents would be considered a British citizen. This hypothetical is always looked at from the perspective of the U.S. when discussing this issue, but try flipping it around.

Let's say two Britons are in the U.S., and give birth to a child. Under American law, that child is a U.S. citizen. But under British law, the baby is a British citizen. Does Britain then decide, "well, if you claim him as a citizen, he's not really a British citizen despite what our own laws say?" No, of course not. That child's citizenship status under the laws of Britain is determined by the laws of Britain, regardless of whether we consider him a U.S. citizen or not. Likewise, whether some other country claims someone as a citizen under their laws is irrelevant as to their citizenship status under U.S. law.