Courts aften rely on the foreign law to determine lawful status within the legal context of the foreign venue. We do it all the time in inter state extradition proceedings.
Whether Obama is a British Subject or not is only a supporting argument to determining whether he does satisfy Article IIs requirement of a President of the United States.
Plenty of Americans born to British immigrants in the USA have been British Subjects.
I do not believe we can say that Donofrio wants SCOTUS to abdicate its fact finding under Article II of the US constitution to a British or Kenyan Court of Law, or foreign law.
All that SCOTUS will need to know is where in fact Obama was born, the situs of his birth, and whether he was "natural born."
The fact that Obama has admitted former Kenyan citizenship tends to support that Obama was in fact born in Kenya, in the absence of any other information.
The decision of SCOTUS will flow from there.
I beg to differ. It is the ONLY argument in Donofrio's case.
Again, from his blog:
My law suit argues that since Obama had dual citizenship "at birth" and therefore split loyalties "at birth", he is not a "natural born citizen" of the United States. A "natural born citizen" would have no other jurisdiction over him "at birth" other than that of the United States. The Framers chose the words "natural born" and those words cannot be ignored. The status referred to in Article 2, Section 1, "natural born citizen", pertains to the status of the person's citizenship "at birth".This is the only argument he talks about.The other numerous law suits circling Obama to question his eligibility fail to hit the mark on this issue. Since Obama was, "at birth", a British citizen, it is completely irrelevant, as to the issue of Constitutional "natural born citizen" status, whether Obama was born in Hawaii or abroad. Either way, he is not eligible to be President. Should Obama produce an original birth certificate showing he was born in Hawaii, it will not change the fact that Obama was a British citizen "at birth".
Obama has admitted to being a British subject "at birth". And as will be made perfectly clear below, his being subject to British jurisdiction "at birth" bars him from being eligible to be President of the United States.
As I have argued before the United States Supreme Court, the 14th Amendment does not confer "natural born citizen" status anywhere in its text. It simply states that a person born in the United States is a "Citizen", and only if he is "subject to the jurisdiction" of the United States.