Posted on 10/11/2008 2:12:11 PM PDT by Styria
I can’t access the page, but the poster is 100 percent wrong.
First off this case is already in the US Federal Court in Phila PA. the concerned party’s have already had several filings with the court.
If what the poster says is true than the judge would not have allowed the case to proceed, which he has.
Plus the lawyer is no slouch, he is a former DA or something like that and a big Hillery supporter.
The person has to be a natural born citizen, meaning born on the soil of the US.
Your explaination is not quite the end of the story. Obama may be a Citizen of the United States; but, he may not be eligible to be elected to the office of the President.
There are two basic categories of United States citizens. A natural citizen is someone born in the United States or born to American parents on foreign soil. A naturalized citizen is someone who was born in a foreign country, but took a series of steps with the end goal of being granted citizenship.
A naturalized citizen is a foreign national who is granted citizenship in the United States after fulfilling certain requirements. In addition to the United States, many other nations offer naturalization to people who wish to apply for citizenship. The naturalization laws for various countries are typically available through their departments of immigration.
In the United States, you can become a naturalized citizen if you have been a legal resident of the United States for at least five years and you are over the age of 18. In addition, applicants for naturalization must demonstrate “good moral character,” as well as a knowledge of the English language and the history of the United States. The citizenship application process can take anywhere from six months to two years, and once approved, a naturalized citizen has all of the rights and responsibilities of a United States citizen, although he or she is barred from serving in the offices of President and Vice President.
Someone who has been a legal resident of the United States for at least five years and wishes to become a naturalized citizen must first file an application for naturalization with the Immigration and Naturalization Service (INS). After the application is filed, the applicant will be asked to attend an interview and take a citizenship test. The citizenship test includes questions which test the applicant's knowledge of English, American government, and American history.
If the application is approved, the applicant is asked to take an oath to the United States, during which he or she denounces allegiance to other parties and states. However, the United States does recognize dual citizenship as a basic human right, and therefore people are not asked to give up citizenship in their native country, although they may be encouraged to do so. Once the oath is taken, the new citizen is granted the right to vote, run for public office, and to participate in American society as a full citizen; he or she also enjoys the same rights and protections that other US citizens receive overseas.
An exception to this lengthy process is foreign adoptions. Since foreign adoptions have become very popular in the United States, the INS recognizes such children as full citizens as soon as they are granted permanent residency in the United States. Adoption agencies typically assist parents with this process to make it quick and painless.
In other words, if Obama is shown to fail the NB citizen qualification after the electors have voted (which I believe is early-mid December), then we'd have Vice President Biden serving until the House elects John McCain President, and then we'd have McCain as President with Biden as Vice President. Do I have it right?
This is the result of separating the vote for President and Vice President. Though if they hadn't done that, we would have already had 200 more years of Adams vs. Jefferson behavior with 1st and 2nd place. A conflict of personalities in the White House rather than just idiologies.
If it were that simple, McCain would not eligible either, having been born in Panama, or maybe on a US Navy installation in the canal zone, reports differ. (Someone needs to ask his mother, who is still with us, and appears to have her faculties intact.)
Not on that issue.
The basic problem is that the constitution doesn't define most of it's terms. This includes "natural born Citizen". It's pretty clear that they did not intend for the children of diplomat fathers to not be natural born citizens. It's less clear about people born outside the country, with the mother as their citizen parent.
It's also not entirely clear that Congress can legitimately define the term, as it has done on multiple occasions...(well sort of, they've defined who get citizenship on the basis of parentage, if born outside the country. Which is not quite the same thing, although almost everyone treats it as if it were)
Actually it doesn't matter what Kenya does, it's US law that determines citizenship. The US doesn't "recognize" dual citizenship either, but it more or less ignores the citizenship in another country if a person meets the qualifications for US Citizenship.
She wasn't a minor, she was 18. However the law required that she not only be a citizen, but also have lived in the country for a certain number of years after a certain age, and she failed to meet that criteria. So he was not a citizen when he was born. That's pretty much the minimum to be a "Natural Born Citizen".
Actually, if Obama is disqualified this month, then there is the political consideration. The points you laid out show me that fear and panic would spread across the anti-McCain ranks.
Those leaning left would feel betrayed. A scandalous vetting process after such a long primary would highly discredit the DNC. Denial would keep democrats floundering and bickering internally. Suspicions against PUMAs and against the BO Camp would divide them.
The strong, steady voice would be the McCain/Palin Ticket, who could warn of backroom manuevers by Pelosi, the SanFransisco Treat. I believe the PUMAs would dump BO and vote McCain in a big way. And there would be many former BO supporters [BO Lites] who become McCain PUMAs.
For those who might have missed it:
Obama Born in Kenya? [Saturday Update in Texasdarlin]
http://www.freerepublic.com/focus/bloggers/2103299/posts
“If it were that simple, McCain would not eligible either, having been born in Panama, or maybe on a US Navy installation in the canal zone, reports differ. (Someone needs to ask his mother, who is still with us, and appears to have her faculties intact.)”
It really is that simple and McCain is a citizen. The code in play at the time of McCain’s birth included baby’s born to military personal serving where his parents were.
When this issue first came out posters here posted all the statutes involved.
Now while the following is not accurate it is close to some of the statute.
“If the mother is 18 or younger an hasn’t resided in the US for five consecutive years just prior to the birth while in another country than the child is not a natural born citizen”
As I mentioned the above while not exact it will give you an idea of the statue.
Also the law has been revised over the years so one must research what the law was at the time of the birth.
There’s also the issue of school papers stating Obama was a citizen of Kenya, Kenya doesn’t allow dual citizenship. Meaning his mother and adoptive father had to have renonced his US citizenship.
I know, but you didn't say that. You said "born on American soil) Actually any person born of two US Citizens then, as now, was a citizen at birth.
In a way we disputing over a technicality, an arbitrary one at that. If the law had not had the age restriction, or Obama's mother had been older, then he'd be a citizen at birth, regardless of where he was born. But that doesn't really get to the reason for the "natural born citizen" requirement in the first place. It was to be sure that there was no "agent of influence" of a foreign power or society at the very pinnacle of our government. Because Barry was raised for a number of years in Indonesia, by his Indonesian stepfather, going to school in Indonesia, with Indonesian (probably mostly Muslim, even in the catholic school) teachers, his "gut" loyalties may not be with the US, assuming he has any loyalties. He's more likely loyal to "The Internationale", than "The Land of the Free, and the Home of the Brave".
It would be hillarious to see that happen before the election and watch them explode. =)
Completely wrong. Obama’s FATHER was NOT a U.S. citizen. Therefore, if she gave birth outside of the U.S. (which there appears to be a good chance) then he would not be a “natural-born” citizen of the U.S. He would have become a naturalized citizen of the U.S. later unless they had stayed in Kenya and remained a citizen there.
It’s complicated but clear. The sticky issue seems to arise from the unwillingness of the Obama camp to produce the original birth certificate. The 2007 certification copy short form basically acknowledges a live birth, but it’s sketchy. Obama’s Kenyan grandmother and family swear he was born there and that the documents are available in Mombasa. I have family in Hawaii. We know the laws were different there and don’t match the rest of the states. If Obama was truly born outside of the states, then later registered as a ‘live birth’ in Honolulu, he would not be a citizen of birth.
Also, Obama and McCaskill attempted to change the presidential eligibility language earlier, for some reason. It all brings questions to mind, which I would prefer they resolve sooner rather than later.
RUSH IS DISCUSSING THE Mysterious BIRTH CERTIFICATE issue right now.
Kenya, Berg, granny, dual-citizenship, etc. all mentioned.
Cats out of the bag.........
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