you joust
Posted on 02/22/2010 12:00:32 AM PST by capacommie
It would be good form if he did so, then he could take the naturalization oath and "abjure all other allegiances" and perhaps that might cover any OTHER citizenships he might have (Indonesian)...though he'd never be at the level of a natural born citizen, at least it's a step in the right direction!
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Obama was born at 7:24 p.m. on August 4, 1961 at the Coast Provincial General Hospital in the town of Mombasa in the Coast Province of the British colony of Kenya (http://www.sonorannews.com/archives/2009/090909/FrntPgObamaEligibility.html). At the time of Obama’s birth, his father, Barack Hussein Obama, was a British citizen (Kenya did not gain its independence from Britain until 1963) and his mother, Stanley Ann Dunham, was a United States citizen. According to Federal law, however, as the sole U.S. citizen parent Obama’s mother was not old enough and did not reside in the United States long enough after age 14 to qualify Obama as a “natural born” United States citizen. The particulars are as follows.
According to Title 3, Chap. 1 of the Immigration and Nationality Act of 1952 (McCarran-Walter Act, Public Law No. 82-414, 66 Stat. 163) that was passed on June 27, 1952 and applies to persons of birth between December 24, 1952 and November 14, 1986 (http://www.scribd.com/doc/8693236/1952-Immigration-and-Nationality-Act-Title3-Chapter1?secret_password=&autodown=pdf), a child born outside of the United States to one citizen parent could acquire “natural born” United States citizenship if the United States citizen parent had been physically present in the United States for ten (10) years prior to the child’s birth and five (5) of those years were after the parent had reached the age of fourteen.
Obama’s mother was born November 29, 1942 and, thus, she was only 18 years old when Obama was born in Kenya (http://en.wikipedia.org/wiki/Stanley_Ann_Dunham). As such, Obama’s mother did not meet the age-dependent residency requirements for her child to have “natural born” United States citizenship. Therefore, Obama is not a “natural born” United States citizen and under the terms specified in Article II, section 1 clause 5 of the U.S. Constitution is ineligible to be President or Vice President of the United States (http://www.house.gov/house/Constitution/Constitution.html).
per http://www.theodora.com/ina_96_title_3.html
the term “natural born” is nowhere in 1952 Immigration and Nationality Act Title3 Chapter1 , neither is the word “natural”
those stipulations are merely for passing on US citizenship for a child born abroad, for indeed natural born citizenship requires that both parents be US citizens and child born on US soil
Your wording seems to imply that under this scenario, Obama would have been SOME KIND of citizen, just not natural-born. You are wrong, if this is your message. But, in fact, under the scenario presented here, Obama is not ANY kind of US Citizen, natural, native, naturalized, or statutory. He would have been EXCLUDED from citizenship entirely.
Natural born citizenship requires that both parents be US citizens and child born on US soil.
THANK YOU
I am just as bad as the other sheeple, so sorry.
Thank you for the correction. I get it AGAIN.
THANK YOU for putting to rest Stanley Ann(e)Dunham’s non-qualification in all of this.
No, at the time of his birth Obama was not a U.S. citizen and because his father is not a U.S. citizen he never could have been a natural born citizen even if his birth had been in the U.S.
That is unless his relatives went to the trouble of applying for a COLB from the state of Hawaii. Of course this would have been fraudulant, but who would have bothered to look into that at the time?
So the KIA63 gave him til 8/83 to claim his Kenyan citizenship, but by 1/83 the BNA1981 had already made him a regular British Citizen.
So when Obama said his Kenyan citizenship expired, he “forgot” to mention that BNA1981 made him a regular British citizen by then.
ooooooooops!
That is your assertion. What part of federal law defines “natural born” citizen?
oh pfft you again!
NBC is defined in Minor v. Happersett by terms and by exclusion...it holds it cannot be a 14th amendment US Citizen
is this in any way unclear?
a natural born citizen has NO OTHER NATION-TIES AT BIRTH
NBCs are pure Americans with NO other nation ties by birthplace or parentage than American
besides donmeaker, Britain is a sovereign nation, no more so than the USA is, and Obama holds allegiance to two, if not more, nations at a time...
he could be conscripted as a Limey!
really, talk about your conflict of interest!
he shows NO interest in loyalty to these United States!
Just as Churchill was also an American Citizen...
Thanks for the reference. ‘Minor’ does not say what you said it says. Further, laws defining citizenship have been changed since that, making the precedent null.
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [88 U.S. 162, 168] parents.”
Still, under my reading, there is no separate category of 14th Amendment citizen, US citizen born to US parents abroad, and the like. There are only 3 categories, naturalized, natural born, and non-citizen.
donmeaker: Minor v. Happersett holding came 6 years after the inclusion of the 14th. So what it’s saying is that NBC is not in the 14th which defines statutory citizens. Further, the actual description of what a natural born citizen is written in to the opinion in Minor.
FURTHER STILL Obama agrees that NBC is jus soli jus sanguinis both parents in SR511.
if you say naturalized, natural born, and non-citizen, you left out statutory citizens
but we all know you’re trying falsely to conflate statutory with nbc’s but MvH and A2 say you can’t do that
What I want to know is why all of this wasn't looked into before 0 was in the running for president. Seems to me that we are stuck with him sadly & I can't wait until he is gone. I hope it can be proved he wasn't born here. Then he can go back to where he came from. All of this stinks & I am tired of being made fun of because I want him to show a b/c like I have with a raised seal! A real legal one. No point of entry bs one either.
only a few million have been SCREAMING this even before the elections...
it’s a coup
your regular run of the mill coup, by a madman marxist and his chicago thug crew, mixed in to a muslim stew, means in a hitler sorta way we are screwed
It is my reading that citizens are either natural born, or naturalized.
That is my reading of “Minor v.” I don’t see where you justify different categories. Having said that, Minor is superceded in law, and wouldn’t seem to have effect now.
Where do you look for the law? Is it Title 8?
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