“I think that if the Founding Fathers thought the father’s citizenship was important to determining a child’s status as a natural born citizen, they meant the real biological father and not a bogus father. Do you disagree?”
Your framing of “real biological father” had no meaning to the founding fathers. They didn’t have DNA. They knew legitimate vs. illegitimate. They could tell a mixed race child when one was not expected, to be sure.
Legal precedent is that any child born during a legal marriage (non-bigamous, for example) is the legal legitimate child of the husband. Period.
Have you read the 1948 BNA? It says that UK citizenship only passes to legitimate children of a UK subject, which would not include Barry if his parents marriage was bigamous.
Are you kidding me? Men and women were killed over the issue. Our Founding Fathers were well aware of the facts of life, including how and by whom children were conceived.
Legal precedent is that any child born during a legal marriage (non-bigamous, for example) is the legal legitimate child of the husband. Period.
Yes, by statute in many areas, there has been a "conclusive presumption" that a child born during marriage was the child of the husband. But, the meaning of Constitutional terms like "natural born citizen" (a national, not a local concept) could never be controlled by some local statute.
I am not sure if some of the Founding Fathers thought that the citizenship of both of a child's parents was determinative of a NBC status for a child born in the United States. It's highly likely that most of them never cared about or even considered the issue. However, for those who did think that the citizenship of the parents of an American-born child was important to a NBC status, it was because they thought it important who the real parents were. Perhaps they didn't want to confer NBC status upon a child born of a union between some foreign king and an American woman married to another American man no matter what some local statute said.
Have you read the 1948 BNA? It says that UK citizenship only passes to legitimate children of a UK subject, which would not include Barry if his parents marriage was bigamous.
No, I've never read any 1948 BNA and I don't even know what it is. However, assuming Frank Marshall Davis and Stanley Ann Dunham were Obama's parents (as I now suspect), then the British will never claim Obama as a citizen.