So all the anchor babies born to illegal Mexicans are not natural born citizens? (I think the “born on US soil automatically a citizen” thing needs to be changed, but it has been taken as unquestioned truth for a long time.) Their parents are not citizens but birth on US soil makes the baby a citizen, certainly a natural born citizen.
So, if OBama was born on US soil, then no one questions that he was a natural born citizen. But if he was not born on US soil, then his parentage comes into play.
But it can’t be a simple as: parents US citizens, baby US natural born citizen; parents not US citizens, baby not US natural born citizen.
However, what if Obama renounced his citizenship, even if this was done while a minor, as part of his adoption process in Jakarta, Indonesia?
However, what if Obama renounced his citizenship, even if this was done while a minor, as part of his adoption process in Jakarta, Indonesia?
That's correct. They are citizens, citizens at birth even. But, they are not "natural born" citizens, and neither is Obama.
Unfortunately, Donofrio already attempted to argue this point, and a writ of cert was denied by the Supremes. After 2000, none of them have the stomach to insert themselves into presidential "politics", even if it's a case as profoundly Constitutional as this one. Also, I don't think anyone wants to be the guy who denies America it's first black president. Which is also why I assume none of the well-known and respected conservative legal think-tanks or lawyers weighed into the controversy last fall. They didn't want to be stigmatized as racist.
As for Obama's adoption and what effect it would or would not have had on his citizenship status, it's an interesting discussion point, but as a practical matter as it relates to his Presidential eligibility (he's not eligible for other reasons), is moot.
In the interest in accuracy, I would point out that minor-children can't "renounce" their citizenship. Also, parents cannot renounce the citizenship status of their children, either. And, if another country would bestow citizenship because of said adoption, it too would be immaterial. An American's citizenship rights are governed by American law in the American courts, not foreign law. Interestingly, there is a UN treaty that pertains to this issue (it's name escapes me), but the US and another country (I believe African country) are the only two that aren't signatories to that treaty, FWIW.
As it pertains to Obama, if his dad would have been Barack Smith from Trenton, NJ, and Obama, II. was born on American soil, then Obama, II. would be a natural-born citizen, irrespective of who would have subsequently adopted him and what other nation's citizenship privileges would have been bestowed upon him, because of the aforementioned adoption.