Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: GreenLanternCorps

Why is there such a law on our books?

You cannot answer that, I can and it is simple, our government recognizes that a minor child’s US citizenship can be removed by the actions of a parent, that’s why we have a means by which someone that reaches an age where they can express their desire to be an American citizen can reaffirm that desire for the record and that they have a choice to do so or not by their actions.


294 posted on 08/01/2008 8:00:52 PM PDT by usmcobra (I sing Karaoke the way it was meant to be sung, drunk, badly and in Japanese)
[ Post Reply | Private Reply | To 292 | View Replies ]


To: usmcobra; GreenLanternCorps; raygun
Why is there such a law on our books?

You cannot answer that, I can and it is simple, our government recognizes that a minor child’s US citizenship can be removed by the actions of a parent, that’s why we have a means by which someone that reaches an age where they can express their desire to be an American citizen can reaffirm that desire for the record and that they have a choice to do so or not by their actions.

Read SEC. 349. [8 U.S.C. 1481] (a) again carefully.
(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or

(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or

Clause 1 and 2 don't apply to Obama because the act in question would have happened before having attained the age of eighteen years. This means that a parent cannot terminate a child's American citizenship.
(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

(4)
(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or

(B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or

Clause 3 and 4 don't apply to Obama because he never served in a foreign military.
(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
Clause 5 has never been alleged.
(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or
Clause 6 has never been alledged and even it it were the US was not in declared state of war at the time.
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code, or willfully performing any act in violation of section 2385 of title 18, United States Code, or violating section 2384 of said title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
Clause 7 has never been alleged.

Now read SEC. 351. [8 U.S.C. 1483] (b) again.

(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.
This clause only applies to people who have lost their citizenship before the age of 18 under paragraphs (3) and (5) of section 349(a).

Obama did not enter, or serve "in, the armed forces of a foreign state" as in paragraph (3).; and

Obama did not make "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;". as in paragraph (5).

Obama could not have lost his citizenship because no clause of SEC. 349. [8 U.S.C. 1481] applies him.

There was no reason for Obama to reaffirm his citizenship since SEC. 351. [8 U.S.C. 1483](b) only applies to people who have served in a foreign military or made a formal renunciation of nationality before a diplomatic or consular officer of the United States. Neither describes Obama's case.

Bottom line, Obama continues to be a natural born citizen of the United States. He cannot be defeated this way.

297 posted on 08/02/2008 11:03:44 PM PDT by 21stCenturyFreeThinker
[ Post Reply | Private Reply | To 294 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson