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To: Jim Robinson

I’ve read this article 3 full times. He does such a great job of laying out the FACTS that I then sent it to many in out outlook.


3 posted on 08/01/2009 4:42:19 PM PDT by spacejunkie01
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To: spacejunkie01
-- He does such a great job of laying out the FACTS that I then sent it to many in out outlook. --

I have an issue with one of his arguments, and also note that he has made some corrections. Corrections first.

I thought I had already gone on way too long to get into another technical legal issue, but I should have been more precise. As I understand it, Obama's "Kenyan" citizenship (which really is the Brit-lite citizenship you are talking about) is a result of Britain's Nationality Act of 1948. Technically speaking, Barack Obama Sr. was a British overseas subject resident of what was then the Kenyan protectorate, which status passed automatically (by operation of Kenyan law) into Kenyan citizenship when Kenya became independent in late 1963. If one in this situation is deemed a Brit/Kenyan citizen automatically because his father is a Kenyan, the (now) Kenyan citizenship lapses unless one does something affirmative to claim it. I am no expert in this area, but that's what I think the law is.

07/30 03:24 PM

Oh, and also an application note - or as I see it, "Congress is derelict"

Kevin doesn't think it's "morally or politically meaningful" that Obama was born a citizen of the emerging country in whose election (out of all the countries in the world) he shamefully injected himself in 2006, taking the side of a Marxist from his father's Luo tribe — a Marxist who happens to be the son of Kenya's first vice-president, the guy who formed the political party that gave Obama's father the opportunity that landed him in America and resulted in Obama's being born.

I obviously disagree. Even if I didn't, whether it's "morally or politically meaningful," there clearly are potential legal consequences inherent in the circumstance of dual citizenship. It would be incompetent to discuss presidential eligibility under Article II without addressing it [the dual citizenship].

07/30 02:50 PM

So Congress gives a complete pass on the admitted dual citizenship point.

My complaint or issue with McCarthy's argument? Here's his argument, it boils down to "Hillary didn't complain, so he must qualify." Obviously, he makes a different point later, that failing to address the fact of dual citizenship represents incompetence.

Even Obama's dual Kenyan citizenship is of dubious materiality: It is a function of foreign law, involving no action on his part (to think otherwise, you'd have to conclude that if Yemen passed a law tomorrow saying, "All Americans - except, of course, Jews - are hereby awarded Yemeni citizenship," only Jewish Americans could henceforth run for president). In any event, even if you were of a mind to indulge the Kenyan-birth fantasy, stop, count to ten, and think: Hillary Clinton. Is there any chance on God's green earth that, if Obama were not qualified to be president, the Clinton machine would have failed to get that information out?

Helloooo, Andy. Birthright citizenship is always obtained with no action on the part of the infant, and always with reference to the laws of the involved countries. If the laws of more than one country are involved, there is some risk, at law, of mixed birthright citizenship. This does not bear "personally" on the infant, it is an accident of birth. But even as an accident of birth, it must be dealt with. And what up with creating that straw-man of Yemen law?

78 posted on 08/01/2009 10:39:15 PM PDT by Cboldt
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