It was not necessary to define commonly understood words. Judging by this law book owned by John Adams, I would say the English law definition is pretty apparent.
Obama's citizenship was governed by the version of the Immigration and Nationality Act that was in effect at the time he was born. It was dated something like 1952 or 1954. I cannot remember exactly what the requirements were at the time.
HOWEVER, that DOES NOT settle the "natural-born citizen" [NBC] question since it HAS NEVER been EXACTLY defined in the Constitution [or its amendments], nor by SCOTUS ruling. Supporters of Obama point to United States v. Wong Kim Ark as proof that Obama is NBC. Ark was born in the United States to legal Chinese immigrants and claimed that he was NBC. China also claimed him as NBC of China.
In actuality, the Court ONLY ruled that Ark was a citizen by virtue of the 14th Amendment. Although, the Court [incorrectly] noted that children of aliens born in England were natural-born subjects [NBS] under English Common Law [from which our law is partially derived].
Those who are AGAINST Obama state that NBC should be defined as to what the Founders knew at the time that the Constitution was written.
In English Common Law [from which US law is partially derived], a NBS can have ONLY ONE allegiance to a specific sovreign. HOWEVER, at the time that the Constitution was written, English subjects born in foreign territories were considered by England to be NBS - even if they were born in the US. Thus, DUAL CITIZENSHIP, which VIOLATES the basic premise of NBC [and NBS].
At the time that Obama was born [assuming he WAS born in Hawaii], he was a citizen under the 14th Amendment - BUT, the British Nationality Act of 1948 ALSO governed him.
The Act states that [since his father was NBS of England], Obama IS ALSO NBS of England.
MEANING, he is a DUAL CITIZEN ...
THEREFORE, those AGAINST Obama consider him to be a citizen under the 14th Amendment - but CANNOT be a natural-born citizen.
WOW! You are SO wrong.
Wong Kim Ark has zip-zero-nada to do with natural born citizen.
Multiple Instances Of Historical Scholarship Conclusively Establish The Supreme Court’s Holding In Minor v. Happersett As Standing Precedent On Citizenship – Obama Not Eligible.
JUSTIA.COM SURGICALLY REMOVED “MINOR v HAPPERSETT” FROM 25 SUPREME COURT OPINIONS IN RUN UP TO ’08 ELECTION.
Posted in Uncategorized on October 20, 2011 by naturalborncitizen
[UPDATE #3 8:54 AM Oct. 24, 200 - Justia.com has suddenly placed robots over their entire cite. So much for Justia’s mission, “To advance the availability of legal resources for the benefit of society.” Here is a link to the Wayback Machine’s URL search of Roe v Wade, a case which has nothing to do with POTUS eligibility. Here is a link to the Wayback Machine’s URL search for Minor v. Happersett. Both searches return the following statment at the Wayback Machine: “We were unable to get the robots.txt document to display this page.” This activity operates as an admission by Justia. A criminal investigation is required.]
It was not necessary to define commonly understood words. Judging by this law book owned by John Adams, I would say the English law definition is pretty apparent.
But I believe that, assuming his parentage is as reported, Obama was born a British subject or a dual citizen, and/or an American citizen.
I believe even his own web site acknowledged that Obama could have applied for (and automatically received) Kenyan citizenship upon turning 18 if he wanted to. Most other Americans could not!
Just for fun, I like to ask certain people who the last president born a British subject was. They go back to our first presidents, but arguably the answer is Barack Obama.
I also like to ask whether someone born a dual citizen, or with dual claims of citizenship, can be a natural born citizen. It does not, to me, appear to be what the Founders had in mind.
I'm not saying what the law is, but just what I think it should be.
Obama was not a 14th amendment citizen, even if he was born on the White House steps. The SCOTUS told us why in WKA.