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The US Constitution and legal system does not apply outside the US and its territories, with the exceptions of instances where the US has a treaty with a foreign nation covering the specific issue at hand.

Certainly, if Obama's relatives and friends in Kenya have any political clout there (I just saw on another FR thread that a cousin of Obama is the Prime Minister), they will do their utmost to ensure that Obama's Kenya birth certificate - if one exists - does not get into the hands of anyone, like Mr. Berg, who can use it to thwart Obama's bid for the presidency.