If his father isn't at least a permanent immigrant, like the parents in Wong Kim Ark, then arguably Obama isn't an American citizen period. Otherwise, then, yes, the father needs to be an American citizen.
If there was, the McCain/Palin campaign would have sought an injunction to stop Obamas election; Vice President Cheney would not have certified Obamas electoral votes; and Chief Justice Roberts would not have sworn him in as the 44th President of the United States.
You're right. They should have sought an injunction. Failing to take action does NOT justify the transgression.
“...a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States.”
The above statement is the Wong Kim conclusion. Note “citizen of the United States.” Furthermore, Wong Kim refers to Minor v. Happersett in which Chief Justice Waite refers to and quote Vattel - "born in the country of citizen parents." Now I know you two won't stop the nonsense because you have a job to do which does not involve truth.
McCain/Palin did not try to stop Obama because McCain too is ineligible. McCain would have been stopped had he won the nomination in 2000. There were law suits and lots of congressional hearings. It is possible that the plan to use McCain's ineligibility had already been hatched by 2000. There were honest Democrats, Prof Gabriel Chin and others doing thorough legal research which confirmed McCain's problem. Had the 1790 Naturalization Act survived - it was rescinded in 1795 - McCain would have been deemed a natural born citizen, but it didn't, and McCain wasn't.
Among the firms attempting to get the natural born citizen definition amended (the only way to change it) was Chicago's Kendall and Ellis, whose partners sat on Obama’s election board, but also defend McCain in at least one of the law suits about his ineligibility. I doubt we will ever know if McCain was a traitor, paid or coerced, to provide cover for Obama, but his ineligibility is an old topic which has never been decided legally in his favor.
There is no Constitutional requirement that Obamas father be an American citizen.
If his father isn’t at least a permanent immigrant, like the parents in Wong Kim Ark, then arguably Obama isn’t an American citizen period. Otherwise, then, yes, the father needs to be an American citizen.
If there was, the McCain/Palin campaign would have sought an injunction to stop Obamas election; Vice President Cheney would not have certified Obamas electoral votes; and Chief Justice Roberts would not have sworn him in as the 44th President of the United States.
You’re right. They should have sought an injunction. Failing to take action does NOT justify the transgression.
Perhaps there was no injunction because there was no transgression to enjoin. McCain and Palin are STILL as of today the only persons who might conceivably have legal standing to sue Obama and neither of them as filed suit.