Wait, this is the first time I've heard this. I know of no requirement that the mother be of a certain age. What law is this?
Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report
—snippet—
In 1961 if a 17 year old American girl gave birth in a foreign country to a child whose father was not an American citizen, that child had no right to any American citizenship, let alone the “natural born” citizenship that qualifies someone for the Presidency under Article II, Section 1 of the Constitution.
“ 7 FAM 1133.2-2 Original Provisions and Amendments to Section 301
(CT:CON-204; 11-01-2007)
“a. Section 301 as Effective on December 24, 1952: When enacted in 1952, section 301 required a U.S. citizen married to an alien to have been physically present in the United States for ten years, including five after reaching the age of fourteen, to transmit citizenship to foreign-born children. The ten-year transmission requirement remained in effect from 12:01 a.m. EDT December 24, 1952, through midnight November 13, 1986, and still is applicable to persons born during that period.
http://www.westernjournalism.com/?page_id=2697
The law that refers to is no longer in effect but it was the law in 1961. But it applies to children born outside the United States. Basically it meant that an unmarried woman under age 21 giving birth abroad and the father is not a citizen—that child does not automatically receive citizenship.
Wait, this is the first time I've heard this. I know of no requirement that the mother be of a certain age. What law is this?
It was the law of the State of Hawaii in 1961. It has since been changed, but it was not made retroactive. A mother who gave birth outside of the US with a foreigner as the father could only transfer citizenship if she had lived in the US for 5 years after she was 16 years old. Stanley Ann Dunham was only 19 at the time of Barack's birth, so she was not old enough.
I do not believe that that applied if the baby were born in Hawaii -- just if he were born in another country. But I'm not a lawyer and I don't even play one on TV.
This is a COMMON misperception that people keep throwing out on this site. It hinges on his mother being legally married. She wasn’t. Obama Sr was already LEGALLY married in a marriage recognized by Kenyan and UK Law.
Hawaii would have recognized THAT marriage as legal and therefore the marriage to Ann could not take place IF THEY HAD TOLD THE TRUTH ON THE MARRIAGE APPLICATION.
Thus the out of wedlock provision is applicable.
If people are going to quote the married part of the statute then they should ALSO put a caveat in there about the marriage not being legal.
If I didn’t tell you this..you would assume the poster was right and go out half cocked on a radio show.
This is why I am getting tired of this claim that he is not a US citizen if born in Kenya. NOT SO. You would have to argue that Hawaii would not have recognized the tribal marriage that was LEGAL in Kenya. The problem is,, they would recognize it.
The other out is if you can find something that requires CONTIGUOUS one year residency RIGHT BEFORE BIRTH. I have seen that no where. Maybe it is out there.
You can read a Supreme Court case that talks about the out of wedlock part of the statute.
http://www.law.cornell.edu/supct/html/99-2071.ZS.html
It’s immigration law. The original immigration site on find law has condensed the wording to just the title of the law, but I have the actual wording of the law on an attorney’s website. UCLA Law Professor Volkh said in a Chicago Times article it didn’t matter where he was born, his mother was a citizen. I emailed the information and confirmed my information and made a RETRACTION on his website.
Ok, so here is the immigration law website, take note of the 1952 to 1986. Keep in mind that the ‘anchor’ baby law that says if you born on US soil you are a citizen regardless of your parents citizenship status until 1986. And the law was not retroactive.
http://www.brianwilliamslaw.com/lawyer-attorney-5365F1DF-5EEB-4DC0-BD003808196CBB9E.html
4. December 24, 1952 to November 13, 1986
If at the time of your birth both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.
If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimization occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday.