Tell me something then....why does our nation have laws that say that a eighteen year old must reaffirm his citizenship or lose it after six months of becoming eighteen.
If Indonesian laws means nothing to our laws why have such a law on our books at all?
Clearly our laws recognize that a minor could or would want to reaffirm their American Citizenship when they became an adult and our laws also say that if they didn’t do so they could lose their American citizenship as well.
Obama’s mother knew what having her son adopted in Indonesia meant, it meant he would lose his American citizenship, and she was prepared to do that and more. Under Indonesian law Lolo Soetoro became Barack Obama’s only legal guardian, since his mother had no legal rights under Indonesian law. In order to attend any Public schools in Indonesia, Barry Soetoro had to become an Indonesian citizen.
And unless the State department has records of him following the proscribed procedure for reaffirming his American citizenship at 18 he lost it according to US law.
You are not correct. Read the below link on relinquishing US Citizenship:
http://travel.state.gov/law/citizenship/citizenship_778.html
You did not read your own post correctly.
b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have lost United States nationality by the commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs (3) and (5) of section 349(a) of this title.
Here are the relevent paragraphs of section 349:
Paragraph 3:
(3) entering, or serving in, the armed forces of a foreign state if
(A) such armed forces are engaged in hostilities against the United States, or
(B) such persons serve as a commissioned or non-commissioned officer; or
Paragraph 5:
(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or
Barack Obama, did not serve in the armed forces of Indonesia as an Officer. Nor did he make a formal renonciation of citizenship
The taking of an oath of allegence to another country does not in and of itself cause you to lose American citizenship, EVEN IF THAT OATH SAYS YOU DO. The United States is not bound to honor that oath.
See the below case law:
http://www.richw.org/dualcit/cases.html#Rich
Action and Deltamar v. Rich, 951 F.2d 504 (2nd Cir. 1991)
The following case seems somewhat more in line with the current State Department policy that loss of US citizenship occurs only when a person truly intends to give it up.
Marc Rich, defendant in a multi-million-dollar business lawsuit, contended that the Federal District Court which had heard his case lacked jurisdiction because he (Rich) had given up his US citizenship in 1982 when he became a naturalized citizen of Spain. The Spanish naturalization oath he took included an explicit renunciation of US citizenship.
The Second Circuit Court of Appeals observed, however, that “[D]espite his naturalization as a Spanish citizen, Rich continued to behave in a manner consistent with American citizenship. . . . Rich continued to use his American passport despite renunciation of American citizenship. . . .”
Although Rich asserted that his Spanish naturalization conclusively established his intent to relinquish US citizenship, the court said there “must be proof of a specific intent to relinquish United States citizenship before an act of foreign naturalization or oath of loyalty to another sovereign can result in the expatriation of an American citizen. . . . Despite mouthing words of renunciation before a Spanish official”, the court continued, Rich “brought a Swiss action as an American national, travelled on his American passport, and publicized himself in a commercial register as a United States citizen.”
Accordingly, the Second Circuit ruled that despite Rich’s actions, he had retained his US citizenship because he had never truly intended to relinquish it.