Actually, even if he was born in Kenya, he’s still a US citizen. The red herring is, everyone is looking at the law which states that the mother must have been a citizen for at least 5 years after her 16th birthday (impossible since she was only 18)— but that is for American WIVES of foreign husbands. Barack Obama Sr. was already married in Kenya when he met Barry’s mom. Since he was neither widowed nor divorce and because bigamy is illegal in the United States, any marriage ceremony between the senator’s parents was invalid.
The law at that time was the child of an UNMARRIED American mother was automatically a natural born citizen if mom was a US citizen who’d lived on American soil for at least one year. So regardless of where Senator Obama was born, since he’s certainly a bastard, he’s certainly eligible for the presidency.
8 USC 1409 (c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
That does not make it legal to forge a Hawai’i COLB. I don’t think it will be possible for Obama to run for President while being incarcerated for Forgery.
Without a DNA test, how do we know who his mother really was? There are no doctors, PA's, nurses, or any other medical personnel who remember anything about delivering Ann's baby, let alone a pregnant Ann Dunham.
The law at that time was the child of an UNMARRIED American mother was automatically a natural born citizen if mom was a US citizen who’d lived on American soil for at least one year. So regardless of where Senator Obama was born, since he’s certainly a bastard, he’s certainly eligible for the presidency.
8 USC 1409 (c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
Most of that is not correct.
For purposes of Sec. 1408(g), "wedlock" will have a fairly broad legal meaning.
As a simple legal proposition, if they had been married in Hawaii, the marriage would have been valid between the parties and as to third parties whose rights were affected (Children) even if under local law, the marriage was voidable.
I don't think they were married in Hawaii--I think they were married in Kenya where the multiple wife marriage was legal and valid and that marriage would certainly be effective wedlock for purposes of the statute. The reason she wound up in Kenya is that they went there to get married at the term break--which they did because he was aware that marrying her in Hawaii would have constituted the crime of bigamy.
As to the citizenship at birth and Article II, Sec. 1, Par. 4, the term "natural born" clearly means something in addition to citizenship at birth. Most Constitutional lawyers think it requires birth in the geographical limits of the 50 states. Neither McCain nor Obama qualify.
And the constitutional bar generally seems to assume that Sec. 1409(c) is unconstitutional notwithstanding a 5 to 4 decision to the contrary.