Replies

'My research shows that that amendment was adopted in 1986 and therefore it was not in effect in 1961 and thus while it would make a person a citizen at birth, it would not make a person a "Natural Born" Citizen.'
What amendment was adopted 1981?

I believe that the 1981 amendment (Pub. L. 97-116) affected only (a) and (b), not (c). Thus, he would be a natural born citizen.

Marlowe is talking about 1986, not 1981. The 1986 amendment issue is covered by the following:

"Currently, Sec. 1401(g) provides: The following shall be nationals and citizens of the United States at birth: . . . (g) 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 person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years . . . .

This provision was modified to its present form in 1986 by Section 12 of Public Law 99-653 which substituted "five years, at least two" for "ten years, at least five".

Section 23(d) of Pub. L. 99-653, provided that: "The amendment made by section 12 shall apply to persons born on or after November 14, 1986."

Pub.L. 97-116 amends Sec. 1447 which is the hearings statute and which has no application to any of the issues present here.

Bottom line, if Obama was born in Kenya as I assume that he was, he is not a citizen because his mother flunks the ten of which five test in Sec. 1401(g); by definition, he is not eligible to serve as President, he is not a citizen at all. If what you are attempting to do is reference the uncertainty about Sec. 1407, that statute addresses the statute of children born out of wedlock and offshore to a Mother (Sec. 1407(c)) who is a citizen and a Father who is not a citizen. It has no application to Obama whose parents were married.