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To: Secret Agent Man
"Title 8, 1405, would make Obama eligible IF he was truly born in Hawaii, even if only 1 parent is a US citizen."

Lets have a little look at title 8, 1405 shall we? I do not see the term "natural born citizen" written anywhere in the text. It's of no use for Obama.

"§ 1405. Persons born in Hawaii A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900.

Try again.

45 posted on 07/20/2009 8:09:30 PM PDT by Uncle Sham
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To: Uncle Sham

I would say the ‘citizen of the United States at birth” would probably be argued to mean ‘natural born’. He was born on US soil, and is a US citizen from the moment of birth.

Now don’t get me wrong, I would certainly love to see something that knocks this out of the park, but between Title 8 1401 and Title 8 1405 these would be interpreted by the SCOTUS to determine if he was natural born or not, both sides would be claiming opposite answers.

TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part I > § 1401Prev | Next § 1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Both Title 8 1401 and 1405 cover natural born citizens. The first line in 1401 is addressing the fact that if you are born on US soil you are a natural born citizen. If you don’t think it does this area of law is the only one in the US Code that talks about who is a citizen and who isn’t, it’s where I (a natural born citizen) know that I am one because I point to the first line of this title, and have my answer. I can point to nowhere else in the US Code and find ‘natural born citizen’ defined in any other way.

This line of logic will only win if he wasn’t born in Hawaii and it can be proven. Right now it cannot be proven. we need to see the original long form COLB. The bigger argument for us now is the fact he was adopted by an Indonesian man back when Indonesia did not recognize dual citizenship, and to go to Indonesian schools Barack had to be Indonesian, which would mean he gave up his US citizenship, therefore making him ineligible for the US presidency.


60 posted on 07/20/2009 8:22:01 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Uncle Sham

Whether he was born a citizen or not still doesn’t address the problem of whether he still is a citizen. His citizenship was denounced in Indonesia to get Indonesian citizenship.


143 posted on 07/20/2009 11:22:01 PM PDT by freedomconservationist
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To: Uncle Sham

http://caselaw.lp.findlaw.com/casecode/uscodes/8/chapters/12/subchapters/iii/parts/i/sections/section_1401.html
Section G


312 posted on 07/21/2009 9:18:31 PM PDT by etraveler13
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To: Uncle Sham

“I do not see the term “natural born citizen” written anywhere in the text. It’s of no use for Obama.”

Natural-born citizens are those who are citizens from the time of birth. You can see that from this SCOTUS ruling and he quotes from other cases they cite:
http://en.wikisource.org/wiki/United_States_v._Wong_Kim_Ark/Opinion_of_the_Court

So “citizen of the United States at birth” is another way of saying “natural-born citizen”.


331 posted on 07/26/2009 10:49:02 AM PDT by WOSG (Why is Obama trying to bankrupt America with $16 trillion in spending over the next 4 years?)
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