Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Condor51
Excuse me for butting in but Article 2 Section 1 of the Constitution doesn't require 'proof'. It 'just' states the the person shall be a "Natural Born Citizen".

How does one prove he or she is a natural born citizen without documentation? What other documentation could prove natural born citizenship other than a birth certificate?

Can you tell me what the question is, or are, regarding Barry's citizenship?

Bo and his supporters have been claiming a certification of live birth is the birth certificate required to prove he is a natural born citizen. They are not one and the same. The other issue is in order for a person to be a natural born citizen, the parents must also be American citizens. BO's father was never a natural born citizen. he had dual citizenship with Great Britain and Kenya. There's more to it than this summation. FR search can provide you more information.
103 posted on 09/18/2009 9:30:35 AM PDT by Man50D (Fair Tax, you earn it, you keep it! FairTaxNation.com)
[ Post Reply | Private Reply | To 98 | View Replies ]


To: Man50D
Okay, I think I've got it. If I may, I'll rearrange your answers in an order so they make sense to me.
  1. *** The other issue is in order for a person to be a natural born citizen, the parents must also be American citizens. BO's father was never a natural born citizen. he had dual citizenship with Great Britain and Kenya. ****

  2. *** Bo and his supporters have been claiming a certification of live birth is the birth certificate required to prove he is a natural born citizen. They are not one and the same. ***

  3. **** How does one prove he or she is a natural born citizen without documentation? What other documentation could prove natural born citizenship other than a birth certificate? ****

I'll now answer all three items, and NO offense is meant.
The answers all come from the US Code, which codifies all items in the Constitution, like Article 2 Section 1, and contains all other Federal Laws passed by congress.

You're correct about his father, he was an immigrant, but his mother was a US Citizen. The US Code addresses all three question:

  1. Title 8, Chapter 12, Subchapter III, Part 1 - Nationality at Birth and Collective Naturalization
    Section 1401: Nationals and citizens of United States at birth
    The following shall be nationals and citizens of the United States at birth:
    (a) a person born in the United States, and subject to the jurisdiction thereof
    (this takes care of any legal questions if he was born in Hawaii)

    (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years
    (this takes care of any legal questions if he was NOT born in Hawaii)

  2. Paragraph 'g' addresses any proof required as to him being a 'Natural Born Citizen'.
    He could have been born anywhere and as long as his mother was a US Citizen, so is he.

  3. He doesn't need any documentation to prove anything. Per 'g', It gets back to his mother being a US Citizen.
Now some will respond that Paragraph 'g' was amended, it changed the years noted which effected Barry's mother's status and his as a citizen. THAT'S TRUE, it was amended, in 1986. But it was not a retroactive amendment (which would be an ex post facto law, and Unconstitutional. In short, it only effected those born after 1984. And not Obama who was born in 1961. (1)

Here is additional legal reference on Citizenship: Constitutional Topic: Citizenship

(1)Notes on 08 U.S.C. § 1401 : US Code - Notes 1986 - Subsec. (g). Pub. L. 99-653 substituted "five years, at least two" for "ten years, at least five".

EFFECTIVE DATE OF 1986 AMENDMENT: Section 23(d) of Pub. L. 99-653, as added by Pub. L. 100-525, Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
"The amendment made by section 12 [amending this section] shall apply to persons born on or after November 14, 1986."


I believe the US Code cited above should end any 'Natural Born Citizen' questions.

Now, why Barry's spent $1 Million+ fighting this in courts beats the heck out of me. He should just ref 1401 and end it.

ps: Excuse the tardy reply. I'm on my backup computer and its very slow. I feel like that turtle in the Comcast ad.

109 posted on 09/18/2009 11:13:21 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 103 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson