A very important point for Afroyim in Afroyim v Rusk is that he did not ask for or file anything with the State Depart or INS to demonstrate an intent to renounce his U.S. Citizenship ... no Oath of Renunciation or Declaration of Intent to release himself from the privilege and obligation of U.S. Citizenship.
It is a similar situation with Obama. He did not post, file or ask to be denationalized as a U.S. Citizen. Yet, SoS issued Obama a CLN after his mother filed a passport renewal application and informed the State Department, as she was required to do per the instructions of the renewal form, Obama would have to be removed from her renewed passport because he had naturalized in a foreign state after she had included him on her old passport.
Obama’s name in parenthesis (Barack Hussein Obama, Soebarkah) and name struck through are in the instructions of the renewal form to indicate a person who had been included on the old passport and would have to be excluded on the renewed passport because he had naturalized in a foreign state.
SoS Rusk, based on the information provided by Stanley Ann, issued Obama a CLN without an Oath of Renunciation or any act or affirmation Obama intended or understood the ramification of abandoning his U.S. Citizenship. Rusk had a history of doing this. Some people, like Afroyim, sued in U.S. Federal Court to get their U.S. Citizenship back.
The U.S. State Department instituted a policy for minors who had been issued CLNs after they moved out of the country and naturalized in a foreign state to recapture their U.S. Citizenship and natural-born citizenship status. The policy indicated the former U.S. Citizen had until 6 months after their 18th birthday to file a form to declare their intent to keep their U.S. Citizenship and state an Oath of Allegiance. The Oath of Allegiance was required because Rusk issued the CLN because he determined the former U.S. Citizen had abandoned their allegiance to the U.S. by naturalizing in a foreign state.
For those individuals who didn’t perform an affirmative act to recapture their U.S. Citizenship, their U.S. Citizenship was lost. The only option left was to immigrate to the U.S., obtain a Permanent Resident Alien status, and the naturalize as a U.S. Citizen. Naturalized U.S. Citizens have all the rights and privileges of a natural-born citizen, except they are ineligible for POTUS and VPOTUS.
Seizethecarp and others are asking Constitutionalists to ignore the fact Obama was notified by the U.S. State Department his U.S. Citizenship had been terminated and he had 6 months after his 18th birthday to get it back. Obama made a choice not to recapture his U.S. Citizenship and let the deadline pass. Years later, Obama changed his mind and decided to naturalize as a U.S. Citizen. Naturalized U.S. Citizens are not eligible for POTUS. It’s a Constitutional issue.
“Yet, SoS issued Obama a CLN after his mother filed a passport renewal application and informed the State Department, as she was required to do per the instructions of the renewal form, Obama would have to be removed from her renewed passport because he had naturalized in a foreign state after she had included him on her old passport.
“Obama’s name in parenthesis (Barack Hussein Obama, Soebarkah) and name struck through are in the instructions of the renewal form to indicate a person who had been included on the old passport and would have to be excluded on the renewed passport because he had naturalized in a foreign state.”
This is all false. There no evidence of any CLN’s after 1967 for Barry or for any minor because SCOTUS ruled it unconstitutional.
Stanley Ann merely removed Barry from her personal passport likely for reasons having nothing to do with his nationality, such as Barry getting his own US passport.
In fact, as I posted upthread, if you look at her sworn statement, sworn in the presence of a US official, Stanley Ann actually affirms that any person in her filing, including Barry, has NOT lost his US citizenship. If he had, she would have had to strike out that term by drawing a line through it before she signed, but she did not. She also would have had to have referenced and included an explanatory statement, such as Barry was adopted and now has an Indonesian passport,which she did not.
Her removal of Barry from her personal passport, Barry would have had to have been a US citizen to have been on her passport in the first place! Therefore under the 1967 Rusk SCOTUS decision, no re-nationalization for Barry would ever be needed unless he personally took action after age 18 resulting in loss of US citizenship. US law regarding citizenship and nationality and NBC status is not governed by Indonesian citizenship or adoption law outside treaties.
As of 1968 Stanley Ann still names Barry’s apparent primary legal name as Barack Hussein Obama and then puts his secondary (inferior) alternate name as (Soebarkah) in parenthesis.
If Barry had been adopted under Indonesian law in a manner recognized by US law as governing, I would expect Stanley Ann to have given his name on her passport as Soebarkah without parenthesis and the put BHO in parenthesis.