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To: Mr Rogers

You said: “Indonesian citizenship as a child or even as a dual citizen as an adult would not impact Obama’s eligibility if he was born in the USA.

You evidently didn’t understand when I said that Indonesia did not allow dual citizenship. That would mean that he would have given up his US citizenship. In order to get US citizenship back he would have become a naturalized citizen. Thus, it would have an impact making him inlegible.


91 posted on 08/08/2010 5:51:28 PM PDT by CynicalBear
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To: CynicalBear
That would mean that he would have given up his US citizenship.

Not necessarily. It would mean that his step father would have surrendered his citizenship on his behalf. If, after the age of 18, he had taken no positive actions to affirm Indonesian citizenship, then his U.S. citizenship would revert to its original character.

That's why Obama's mysterious scholastic days are so critical. If he used his Indonesian citizenship to gain entrance to either Occidental or to Columbia, then he very likely renounced his U.S. citizenship as a consequence. If he didn't do this, then he's probably home free.

Only the Shadow knows.

93 posted on 08/08/2010 6:02:59 PM PDT by centurion316
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To: CynicalBear

“In light of the administrative premise discussed above, a person who:

1. is naturalized in a foreign country;
2. takes a routine oath of allegiance to a foreign state;
3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
4. accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish citizenship is yes , the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.

An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship abroad in accordance with Section 349 (a) (5) INA.”

http://travel.state.gov/law/citizenship/citizenship_778.html

The courts have said that citizenship comes from birth in the US, and that is based both on the phrase natural born citizen and the 14th Amendment. Losing it requires an affirmative act. Dual citizenship does not cost you US citizenship.

If Obama was born in the USA, then he is still a US citizen unless he worked to lose it. And the Supreme Court has been consistent for the last 120+ years in holding that a natural born citizen = native citizen = citizenship from birth in the USA, and multiple courts held the same since the founding of the Republic.

To overturn that would require some significant legal push, and citing a sentence in Vattel as [incorrectly] translated after the Constitution isn’t going to be enough. Evidence Obama was born outside the USA would do it, but none has been presented to date.


96 posted on 08/08/2010 6:17:58 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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