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To: fr_freak
the Hawaii statutes that existed at the time, from my understanding, required the mother to have been a full time resident of the US for at least five years prior to the birth...

Could you please point me to the place in the Constitution that states that Hawaii Law determines who and who is not a US citizen?

The Framers must have had some great foresight and trust. Foresight to know that Hawaii would one day be a state and trust in the Hawaii State Legislature to define U.S. citizenship.

23 posted on 12/11/2009 2:25:45 AM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: trumandogz
Could you please point me to the place in the Constitution that states that Hawaii Law determines who and who is not a US citizen?

The Framers must have had some great foresight and trust. Foresight to know that Hawaii would one day be a state and trust in the Hawaii State Legislature to define U.S. citizenship.


My mistake. The statute was federal, not Hawaii. See below, especially the part in bold, which would apply to Obama's mother (and Obama, himself) if he were not born in the US.

****************************
1952 The Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S. Code Section 1401 (b). (Section 301 of the Act).

"Section 301. (a) The following shall be nationals and citizens of the United States at birth:

"(1) a person born in the United States, and subject to the jurisdiction thereof;

"(7) 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 ten years, at least five of which were after attaining the age of fourteen years.

(b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State(s) for at least five years: Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years.

(c) Subsection (b) shall apply to a person born abroad subsequent to May 24, 1934: Provided, however, That nothing contained in this subsection shall be construed to alter or affect the citizenship of any person born abroad subsequent to May 24, 1934, who, prior to the effective date of this Act, has taken up a residence in the United States before attaining the age of sixteen years, and thereafter, whether before or after the effective date of this Act, complies or shall comply with the residence requirements for retention of citizenship specified in subsections (g) and (h) of section 201 of the Nationality Act of 1940, as amended."
36 posted on 12/11/2009 3:23:35 AM PST by fr_freak
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To: trumandogz
Could you please point me to the place in the Constitution that states that Hawaii Law determines who and who is not a US citizen?

See post #40
41 posted on 12/11/2009 3:50:21 AM PST by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: trumandogz
The Framers must have had some great foresight and trust. Foresight to know that Hawaii would one day be a state and trust in the Hawaii State Legislature to define U.S. citizenship.

Realistically, do you think that the framers had the foresight to, and would accept a British citizen (Indonesian?) to be the President (usurper) of the new United States of America???

225 posted on 12/11/2009 1:48:35 PM PST by danamco
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