This is simply incorrect. The Supreme Court recognized that those persons born to British fathers who adhered to British loyalty were natural-born subjects of Great Britain. IOW, the mother's citizenship is legally irrelevant in terms of natural citizenship. Second, the Supreme Court said you could be either British or a U.S. Citizen, by treaty, but you can't be both. Again, this is in terms of natural-born citizenship. The only thing that could make Obama a citizen is the 14th amendment, but the court said the 14th amendment DOES not define natural-born citizens. Further, statutory law places several requirements on the children born abroad of U.S. citizen mothers before the child can be recognized as a U.S. citizens. What you believe about just being born to a citizen mother simply is not true.
“doesnt matter where Obama was born. There is no question that his mother was an American citizen.”
Edge919 is correct. Obama’s citizenship, if born in another country, would be governed by the 1952 US Nationality Act (McCarron-Walters Act).
CHAPTER 1 NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
Sec. 301 (a) (7) A person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such a person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years;
Under this statute, Obama’s mother would have been too young to pass on citizenship. Although in this case it applies to Obama’s mother, the code actually doesn’t distingush between the sex of the parents. So a citizen father could not pass on citizenship if he didn’t meet the residency requirement
BTW this section would not apply to Senator Cruz as his mother grew up in the US and she was over the age of nineteen when he was born in Canada. So he was automatically a citizen at birth. Section 301 (a) (1) would apply to Senators Rubio and Santorum and Governor Jindal as they were all born in the US even though both parents were not citizens. They would all be considered natural born.