To: danamco
http://www.youtube.com/watch?v=QEnaAZrYqQIRef. to the third line in your post. Not so, BOTH parents MUST be U.S. citizens (sssss = plural) which they were NOT!!!
Actually, Obama would still be eligible even if both his parents had been Kenyans, as long as he was born in the US. The only exception would be if they had been Kenyan diplomats, and thus not subject to US jurisdiction.
The controlling factor is whether the parents are subject to US jurisdiction, not whether they are subject to foreign jurisdiction. Thus, if Obama's father got a parking ticket, he was obliged to pay it, whereas if the Kenyan ambassador gets a ticket, he just laughs and tosses it in the trash.
The Supreme Court settled this whole issue in 111 years ago in Wong Kim Ark. The government had attempted to deny Wong reentry to the US after a visit to China because his parents, who were not citizens when he was born on US soil, were subject to Chinese jurisdiction. It lost, because his parents, even though Chinese, were subject to US jurisdiction while here.
To: cynwoody
If born on US soil, a citizen, but you cannot extrapolate he would be eligible as a natural born citizen because the issue must have SCOTUS clarification before the issue can be settled based upon the Founders’ intent with the phrase ‘natural born citizen.’
115 posted on
06/10/2009 9:12:37 PM PDT by
MHGinTN
(Believing they cannot be deceived, they cannot be convinced when they are deceived.)
To: cynwoody
Obama would still be eligible even if both his parents had been Kenyans, as long as he was born in the US.
Wow! Are you misinformed.
And you completely misrpresent the findings in U.S. v. Wong Kim Ark, and you don't even mention Perkins v. Elg.
U.S. v. Wong Kim Ark's (1898) importance is that it is the first case decided by the Supreme Court that attempts to explain the meaning of "natural born citizen" under Article II, Section 1, Clause 5 of the U.S. Constitution. Natural born citizen is similar to the meaning of what a natural born subject is under Common Law in England. That is one of the reasons why the framers specifically included a grandfather clause (natural born Citizen OR a Citizen of the United States, at the time of adoption of this Constitution). The founding fathers knew that in order to be president, they had to grandfather themselves in because they were British subjects. If they didn't, they could not be President of the U.S. The holding in U.S. v. Wong Kim Ark states that Wong Kim Ark is a native born citizen. If you look at the fact of Wong Kim Ark being born in San Francisco, CA, of Chinese parents, that holding is correct.
In U. S. v Wong Kim Ark, the court thoroughly discussed "natural born citizen," and in doing so, Justice Gray quoted directly from the holding in a prior Supreme Court case, Minor v. Happersett. The following passage is a quote from Minor as quoted by Justice Gray in Wong Kim Ark:
"'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 [plural] who were its citizens [plural], became themselves, upon their birth, citizens also. These were natural-born citizens..."
Natural Born Citizen -- The Law
182 posted on
06/11/2009 3:42:34 AM PDT by
Beckwith
(A "natural born citizen" -- two American citizen parents and born in the USA.)
To: cynwoody
So you are telling me that “Restorethconstitution.con” has it all wrong, including Congressman Bingham???
193 posted on
06/11/2009 4:53:11 AM PDT by
danamco
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