Actually, in 1967 Rush lost a case, Afroyim v. Rusk, in which SCOTUS ruled: “Congress has no power under the Constitution to divest a person of his United States citizenship absent his voluntary renunciation thereof.”Yes, exactly.
Congress can only write law concerning the naturalization process. Congress dictated terms and conditions Obama had to meet in order to naturalize in 1983.
The 14th Amendment dictates who is a U.S. Citizen.
The Executive Branch controls who is no longer a U.S. Citizen when it determines allegiance is questionable. SoS Dean Rusk is a cabinet official with the Executive Branch. It was the Executive Branch that decided children born in America who moved out of the U.S. and naturalized in foreign states had voluntarily abandoned their nationality and allegiance in the 60's.
The Executive Branch is subject to more control by the U.N. under treaty than by Congress when it comes to maintaining citizenship. Once SoS Rusk determined a U.S. Citizen had moved out of the country and would not be stateless, a CLN was issued.
The Afroyim v. Rusk SCOTUS ruling contradicts your analysis and conclusions. If Congress can make no law stripping citizenship from US citizens, then Rusk, as a member of the executive branch who can only enforce constitutional laws, had no authority under any law to issue a CLN regarding young Barry or any minor after 1967.
If Barry was never a US citizen in the first place, or if he did voluntarily surrender his nationality after turning age 18, then he might have had to be nationalized. But there is no hard evidence that he was a US citizen at birth, other than evidence that he was actually on his mother’s passport before being stricken and that the INS FOIA files reveal that some sort of investigation showed Barry to be a US citizen.
If Barry was a US citizen on his mom’s passport and the Elg case and the Rusk SCOTUS cases preserved his US citizen status regardless of any dual citizenship or adoption, then why does Barry have a bogus SS# that he didn’t start using until the mid-1980s? My best guess is that Bill Ayers forged a new identity for Barry due to some criminal Marxist terrorist activities...and Barry continues to use the SS# he gained from that identity even after he reverted to his birth name.