A nunc pro tunc (now for then) court order acts as a time traveling magic wand which enables the court to issue an order in the present which is legally deemed to take full effect in the past. The actual persons and events surrounding a birth are legally erased and replaced with the persons and events as described in the court order.
In Messina, the district court ruled that the USCIS was wrong to invalidate and disregard a state court issued retroactive nunc pro tunc adoption order in 2004 which deemed an adoption to have occurred with full effect and with different parents retroactive to the date of a child’s birth in Italy in 1983!
This makes me wonder whether a Hawaii state court adoption might have had a “nunc pro tunc” clause establishing Lolo Soetoro as Barry’s father retroactive to his date of birth. Perhaps Obama Sr. did not object to this adoption at the time, but then was subsequently invited by the Dunham’s to “reclaim” Barry as his child when Barry was ten. Could this have been the mysterious “family business” BHO Sr. came back to HI to attend to, as referred to in Dreams (Ayers/Obama version of events)?
If Obama Sr was reclaiming Barry as his son at age ten by re-adopting him back from Soetoro, could an Hawaii state court have also ruled nunc pro tunc that Barry was born in Hawaii and thus legally erased any trace of ambiguity regarding birth location in the original HI vital records?
ping...
Intersting case....but we would still need Obama’s Long-Form BC to determine anything.
No one is sure that Barack Sr, Lolo Soetoro, or whoever else was the actual father at the time of birth
Does not matter. If Barak Sr is the father there is no way Barack Jr. Is a NBC.
Sorry, Carp. That does not even touch the rational world.
The news media is part of the conspiracy of silence and non-transparency. They should be ashamed of themselves, they have failed to do a professional unbiased job. /s
BHO II has a Connecticut based SSN because the SSA application was filed by an American Refugee Organization based in Connecticut in the mid-70’s.
In the early 70’s, a Hawaii Family court ruled the Soetoro adoption annulled and a COLB created by the HI DoH to indicated BHO Sr was the paternal parent. There is no attestation by a Hospital Administrator or Delivery Doctor because the HI DoH is following a court order and not an affidavit of witnesses.
In the mid-70’s (at time of SSN application), BHO II was a U.S.A. native born Indonesian National legally residing in America as a refugee. He bacame a naturalized U.S. citizen in the early 80s.
If you know the following and think me impertinent, I apologize ahead of time. This information is important and many people are ignorant of its existence. Please be tolerant.
If BHO II was born in Hawaii, he is a native born citizen. It doesn’t matter if he was adopted by Lolo Soetoro or not, for his parents would not be able to take away his U.S. citizenship and as an adult he could assert that citizenship.
His father was legally BHO Sr., the father listed on his birth certificate. Mr. Obama, a foreign national, was a subject of Great Britain who registered his son as a British subject. This is fact acknowledged from BHO II.
Note: three types of citizenship are recognized by United States Citizenship and Immigration Service (USCIS): native born citizenship (born in the U.S. - jus solis); derived or acquired citizenship (through parents - jus sanguinis); or, naturalization.
Natural born citizenship is not a type of citizenship - it is only an eligibility requirement, per the U.S. Constitution, to serve as President of the United States. It is an amalgam of jus sanguinis and jus solis - born in the U.S. to citizen parents (both parents MUST be U.S. citizens).
Again, this is not a statutory type of citizenship, just an eligibility requirement. Lots of people are U.S. citizens but ineligible to be President.
Someone seems to be trying to get around the NBC issue by using judicial gymnastics!
Congress already tried the adopt a foreign baby and call it a natural born citizen. Didn't take:
Sen. Nickles (OK) along with Landrieu (LA) and Inhofe (OK) brought forward S. 2128 in 2004, a bill to define the term ‘natural born Citizen’ as used in the Constitution of the United States to establish eligibility for the Office of President.
Sen. Nickles, in his speech when introducing the S. 2128, announced that:
“There is obviously a need for clarification. In the absence of a judicial interpretation, Congress can express a legislative interpretation of Constitutional terms. We should not wait for an election to be challenged and the courts to decide what ‘natural born’ means.
And then concludes by stating:
“This bill ensures that children born abroad to or adopted by American parents have claim to the full meaning of the American dream…they can also have the freedom to choose to run for president.”
I was taken aback by Nickles proclamation that Congress had never defined ‘natural born citizen’. Had he just gone to the congressional records from 1866, when the 14th Amendment was drafted and subsequently ratified, he would have found this from Rep. John A. Bingham:
“I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen”
And yet again repeating myself, we know that the term ‘natural born citizen’ exists exclusively in one place in the Constitution itself. Article II, Section I, Clause V:
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
Sen. Inhofe made note of the repealed Immigration & Naturalization Act of 1790 as some sort of fact that Congress had defined what ‘natural born’ meant, as if it has always pertained to naturalized citizens or citizens by statute, and uses the argument that in the absence of any judicial interpretation, Congress, per the 1790 Act, has the authority to make such interpretation. And let it be noted, Inhofe per his speech, is the grandfather of an internationally adopted child, thus did not have pure intentions when signing onto this bill.
http://constitutionallyspeaking.wordpress.com/a-congressional-natural-born-citizen-parts-i-ii-iii/
Using the same logic of the Messina ruling (yes, flawed in my view) this Italian born person, who was about to be deported at age 19 as a non-citizen, could also be NBC due to the nunc pro tunc ruling that at birth in Italy she had two US citizen parents.
So the Senate might well to consider her eligible to run for US president.
None of these NBC legal theories have been tested for adoption situations.
There certainly was some reason why BO Sr. came back to Hawaii.
But wasn’t this before BO Jr. moved to Indonesia?