Got the following in an e-mail afew days ago. I’m not a lawyer or an expert on election oe citizenship law. I found it fascinating, but have no way of knowing if there’s anything to it...
...............
Subject: Obama May Be Illegal To Be Elected President!
This came from a USNA alumnus. It’ll be interesting to see how the media handle this...
Barack Obama is not a legal U.S. natural-born citizen according to the law on the books at the time of his birth, which falls between December 24, 1952, to November 13, 1986. Federal Law requires that the office of President requires a natural-born citizen if the child was not born to two U.S. Citizen parents. This is what exempts John McCain, though he was born in the US Panama Canal Zone.
US Law very clearly states: ‘. . . If only one parent is a U.S. Citizen at the time of one’s birth, that parent must have resided in the United States for minimum ten years, five of which must be after the age of 16.’ Barack Obama’s father was not a U.S. Citizen is a fact.
Obama’s mother was only 18 when Obama was born. This means even though she had been a U.S. Citizen for 10 years, (or citizen of Hawaii being a territory), his mother fails the test for at-least-5-years- prior-to Barack Obama’s birth, but-after-age-16.
In essence, Mother alone is not old enough to qualify her son for automatic U.S. Citizenship. At most, 2 years elapsed from his mother turning 16 to the time of Barack Obama’s birth when she was 18. His mother would have needed to have been 16 + 5 = 21 years old at the time of Barack Obama’s birth for him to be a natural-born citizen. Barack Obama was already 3 years old at the time his mother would have needed to be to allow him natural citizenship from his only U.S. Citizen parent. Obama should have been naturalized as a citizen . . but that would disqualify him from holding the office.
The Constitution clearly declares: Naturalized citizens are ineligible to hold the office of President. Though Barack Obama was sent back to Hawaii at age 10, any other information does not matter because his mother is the one who must fulfill the requirement to be a U.S. Citzen for 10 years prior to his birth on August 4, 1961, with 5 of those years being after age 16.
Further, Obama may have had to have remained in the USA for some time frame to protect any citizenship he might have had, rather than living in Indonesia. This is very clear cut and a glaring violation of U.S. Election law. I think the Governor Schwarzenegger of California should be very interested in discovering if Obama is allowed to be elected President without being a natural-born U.S. Citizen, since this would set a precedent. Stay tuned to your TV sets because I suspect some of this information will be leaking through over the next several days.
Does it? I have never seen anyone quote the specific law that supposedly said that. Title and section and when was it supposed to have been passed?
If Obama was born in Hawaii he is a natural born citizen of the United States PERIOD. You need to show that he was not born here to begin with. That is still not proven either way.
...or citizen of Hawaii being a territory...
Hawaii was a state when Obama was born.
US Law very clearly states: ‘. . . If only one parent is a U.S. Citizen at the time of one’s birth, that parent must have resided in the United States for minimum ten years, five of which must be after the age of 16.’
8 USC § 1401, which is (sort of) quoted above, was amended in 1986 to require physical presence in the United States for "a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years..." It also says that "This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date..." It's also worth noting that this subsection (g) only applies to persons born outside of the United States.
In short, unless somebody here can correct my reading of the statute, that means BHO is a natural born citizen no matter where he was born.
I am still curious as to why some seem to think he was not born in Hawaii.
For those interested in the statute, you can get it straight from the US House web site (after scrolling down quite a bit,) or in a more easily readable form from Cornell Law School.
Where does the requirement say that those 5 years (60 months) after the age of 16 have to be accumulated between the age of 16 and 21? (22 actually)