Sorry, but this is inaccurate. Indonesian law allows an adopted child under the age of 5 to automatically become an Indonesian citizen. Indonesia does not recognize dual citizenship. The U.S. nationality law at the time prevented loss of nationality if the parent applies for naturalization in another country, but as written, Obama did not need to naturalize to become an Indonesian citizen. It would have been automatic. The loss of nationality law also prevents naturalization of the child because the parent naturalizes, but Lolo Soetoro was already an Indonesian citizen and would have had no need to naturalize. Third, the law didn't prevent a minor from disavowing his own U.S. citizenship (which may have been required for Obama). The law was changed in 1986 and is now much more protective than it was in 1965.
I would also add that this idea about loss of citizenship is not a long established principle consistent with the history of this nation, but is instead a product of progressive 20th century statutes. We know this because in WKA it said, "neither he nor his parents acting for him ever renounced his allegiance to the United States," which clearly indicates that it was understood that parents could renounce the allegiance (and thus, the citizenship) of their child. The WKA decision mentions it again at the end of the decision, "Upon the facts agreed in this case, the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth. No doubt he might himself, after coming of age, renounce this citizenship ..." This clearly acknowledges that a minor COULD lose his citizenship from an act of the parents, or on his own after coming of age.
Good post Edge.
What Indonesia did or did not recognize is irrelevant to his status under US law.
The U.S. nationality law at the time prevented loss of nationality if the parent applies for naturalization in another country, but as written, Obama did not need to naturalize to become an Indonesian citizen.
So?
Third, the law didn't prevent a minor from disavowing his own U.S. citizenship (which may have been required for Obama).
If he had renounced his US citizenship, he would have had to have done it before a US consulor official, and there would be a public record of it. To date, no such record has surfaced. Hence I think we can pretty conclusively say he never renounced his US citizenship.
“The WKA decision mentions it again at the end of the decision, “Upon the facts agreed in this case, the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth.”
Toward the bottom of the following document mention is made of the “Natural Right” of expatriation, as follows:
... “or do any act whereby he shall become a subject or citizen of such state, such person shall be considered as having exercised his NATURAL RIGHT of expatriating himself, and shall be deemed no citizen of this commonwealth from the time of his departure”
It is my understanding that British Born Subjects had no “natural Right” to expatriate themselves.
However, this document only mentions expatriation as taking place — by a citizen — voluntarily:
“... all INFANTS wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed”
I’m not sure who first posted the following document(maybe BP2 or even you) so I don’t know who to attribute it to.
Thomas Jefferson, A Bill Declaring Who Shall Be Deemed Citizens of This Commonwealth
May 1779 Papers 2:476—78
“Be it enacted by the General Assembly, that all white persons born within the territory of this commonwealth and all who have resided therein two years next before the passing of this act, and all who shall hereafter migrate into the same; and shall before any court of record give satisfactory proof by their own oath or affirmation, that they intend to reside therein, and moreover shall give assurance of fidelity to the commonwealth;and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed: And all others not being citizens of any the United States of America, shall be deemed aliens. The clerk of the court shall enter such oath of record, and give the person taking the same a certificate thereof, for which he shall receive the fee of one dollar. And in order to preserve to the citizens of this commonwealth, that natural right, which all men have of relinquishing the country, in which birth, or other accident may have thrown them, and, seeking subsistance and happiness wheresoever they may be able, or may hope to find them: And to declare unequivocably what circumstances shall be deemed evidence of an intention in any citizen to exercise that right, it is enacted and declared, that whensoever any citizen of this commonwealth, shall by word of mouth in the presence of the court of the county, wherein he resides, or of the General Court, or by deed in writing, under his hand and seal, executed in the presence of three witnesses, and by them proved in either of the said courts, openly declare to the same court, that he relinquishes the character of a citizen, and shall depart the commonwealth; or whensoever he shall without such declaration depart the commonwealth and enter into the service of any other state, not in enmity with this, or any other of the United States of America, or do any act whereby he shall become a subject or citizen of such state, such person shall be considered as having exercised his NATURAL RIGHT of expatriating himself, and shall be deemed no citizen of this commonwealth from the time of his departure...”
(emphases mine)
http://press-pubs.uchicago.edu/founders/documents/a4_2_1s4.html
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“Upon the facts agreed in this case, the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth. No doubt he might himself, after coming of age, renounce this citizenship ...”
Natural Born is intrinsic to birth... and it would seem reasonable that not even a parent could renounce such a state for another — even his own child.
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