“1)Barry was born to a foreign national father who had no perminant attachment to this country.”
Yes, but his father's status does not determine American citizenship, birth location and/or mother's citizenship determine it.
I never said his father's status would determine his American citizenship...did I? No. The British nationality act of 1948 gave Barry his British citizenship. There is no U.S. law can negate the British and their law on that, other than if Barry were to go through the Naturalization process.
“2)Bary was born with British citizenship via his father's British citizenship...no matter where he was born.”
True, but under US law that no longer effects his US citizenship. The US laws that took an American’s US citizenship away because of foreign nationality have been thrown out as unconstitutional. This is because a right created by the constitution (citizenship) was being taken without due process of law. People were losing their citizenship by administrative action, not conviction in court and that is unconstitutional.
Other than Naturalization, US law can not strip foreign citizenship from a person. Therefore, his born with British citizenship is his and his alone to renounce (which it appears he hasn't done).
“3)Assuming birth in HI, he was BORN with dual citizenship (i.e. potential for divided loyalties).”
If he was born in Hawaii, then he had citizenship from birth. Any foreign citizenship he may have had is not legally relevant. Foreign law cannot deprive an American of his birthright.
Your making my case for me. As I stated, the US can not strip someone of their foreign citizenship (and vice versa). You mention that he had (American) "citizenship" at birth. This, of course, assumes birth in HI in this case. That's yet to be proven. So far, there's only the allegation he was. Let's assume (as I did in my original post) that he was born in HI. Yes, he would then have American citizenship by way of his mother and place of birth and British citizenship by way of his father. A dual citizen.
“4)There is no known record of him renouncing his born with British citizenship.”
He never needed to, it was taken automatically by Act of Parliament. (see below)
Not true. There are two way's he could loose is born with British citizenship. 1) Become Naturalized in the U.S. or 2) a British law that takes his British citizenship away from him. Please provide the British law that stripped Barry of his British citizenship.
“5)Therefore, unless he prooves otherwise, he remains a British citizen today (& possibly a U.S. citizen. TBD).”
Incorrect.
Actually, your incorrect. Again, provide evidence that he's been Naturalized in the U.S. or the British law that stripped him of that British citizenship.
You go on to say: "1963 Per the Kenyan Independence Act, citizens of Kenya lose their UK Citizenship. "
In effect, what your saying here is that the British can't strip US citizenship from someone (true) and I've equally said that the US can't strip British citizenship from someone (true, unless Naturalization) and then you saying that somehow, Kenya has the all powerful ability to strip British citizenship from someone. That, of course, isn't possible. The government of Kenya and it's Constitution has no such power.
The facts remain. He was born with British citizenship (& possibily US Citizenship), there's no record of him renouncing the British citizenship. So, he is either a dual citizen AT BIRTH, or simply a British citizen to date. Therefore, the question remains. Can a Commander in Chief be a dual citizen (either at birth, or while in the office), or...an outright British citizen.
Here is a link to the original text of the Kenya Independence Act (1963)
http://www.opsi.gov.uk/acts/acts1963/pdf/ukpga_19630054_en.pdf
Here is a link to the Act today:
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1963/cukpga_19630054_en_1
Section 2, Paragraph 2 of the original Act reads as follows:
“(2) Save as Provided by section 3 of this Act, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if on that day he becomes a citizen of Kenya.”
Sections 2 & 3 of the Kenya Independence Act were repealed by the British Nationality Act of 1981, but per section 1 of the Kenya Independence Act, those modifications did not effect Kenya or Kenyan citizens.
The British Nationality Act 1981 is below:
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810061_en_1
Obama gained his Kenyan citizenship per Chapter VI, section 87 of the Constitution of Kenya (Accordingly, he lost his UK citizenship per the Kenya Independence Act).
Obama lost his Kenyan citizenship (and residual status as a Commonwealth citizen) per Chapter VI, section 97 of the Constitution of Kenya because he di not, as provided by US law renounce hs US citizenship.
Have we heard any more from the blogger from Indonesia who found the school document....
BTW I did find a statement from Indonesia that said BO was born in Kenya. (dated 2006)