That ship has sailed as to Barack Insane Obozo. I don't believe in hamstringing ourselves and not our opposition. Let's get the White House back along with the executive branch of the fedgov. Then we (not RINOs but WE) can take a second look a) at each and every Obozo policy, b) the records of Obozo's totalitarian rule, c) the documentation behind Obozo's claims to citizenship.
IF anyone is born in the United States of parents who are not foreign embassy personnel and are therefore are subject to US legal jurisdiction by virtue of their presence here OR are born abroad of at least one US citizen parent, then that person is a NBC. When claims are made that one MUST have been born of two US citizens AND have been born in the US to be a NBC, then the claimant (if claiming conservatism) makes us look like Keystone Cops.
As with all matters legal, there is a longer form argument to take into consideration such matters as a statute at the time of Obozo's birth which denied to an American mother (but not an American father) the right to pass citizenship to a newborn where the mother was between 18 and 21 years of age. That short-lived statute would be laughed out of any court today as an obvious violation of equal protection based on the suspect category of sex. If you think about it, it is a lot easier to KNOW who the mother is than who the father is, absent DNA testing. I am not very anxious to require DNA tests to prove NBC status.
“As with all matters legal, there is a longer form argument to take into consideration such matters as a statute at the time of Obozo’s birth which denied to an American mother (but not an American father) the right to pass citizenship to a newborn where the mother was between 18 and 21 years of age. That short-lived statute would be laughed out of any court today as an obvious violation of equal protection based on the suspect category of sex. If you think about it, it is a lot easier to KNOW who the mother is than who the father is, absent DNA testing. I am not very anxious to require DNA tests to prove NBC status.”
Even though the Federal 9th Circuit is the most overturned circuit in the nation it is noteworthy that a three-judge panel of that circuit in dicta in the Marguet-Pillado case has already declared that any foreign-born baby with a mere “biological-related” connection to a US citizen is a natural born citizen.
So the “suspect category” of marriage is also passé, at least in the 9th Circuit, in addition to the suspect category of sex.
It is also noteworthy that the Congressional Research Service (CRS) cited this Marguet-Pillado dicta in their paper on NBC eligibility, a paper that Barry’s lawyers cited in an eligibility court case. See my FR vanity post on the case:
“Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)”
http://www.freerepublic.com/focus/f-bloggers/2857598/posts
In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his “III Analysis” dicta, states: “No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.”
I don’t disagree with your larger thesis. My only point was that Vattel was Swiss, not French.