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To: rxsid
You did not read all of Section 3 (which sets up the exceptions to Section 2, Paragraph 2).

(And I REALLY wish I could cut and paste from a PDF, all this retyping (in a house full of kids) is for the birds.)

Section 3, Paragraph (subsection) 1 reads as follows, emphasis mine: 3-(1) Any reference in subsection (2) or subsection (3) of this section to a colony, protectorate, or protected state shall, subject to subsection (7) of this section, be construed as a reference to a territory which is a colony, protectorate or protected state (within the meaning of the British Nationality Act 1948) on the appointed day, and, accordingly, shall not include a reference to Kenya or any part thereof.

The section you refer to does not include Kenya, but refers to all other UK territory but Kenya. So if you were born in, say, Northern Rhodesia, to British parents, but lived in Kenya on 12th December 1963, you kept your British citizenship. If you were born in Northern Rhodesia to Kenyan parents, and lived in Kenya on 12th December 1963, you lost your British Citizenship when you gained your Kenyan citizenship.

Kenya Indepence Act 1963

323 posted on 08/29/2009 3:41:35 PM PDT by GreenLanternCorps ("Barack Obama" is Swahili for "Jimmy Carter".)
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To: GreenLanternCorps
And I REALLY wish I could cut and paste from a PDF

Just get the professional version of Acrobat. Even if the PDF is an image, you can do character recognition, and save it as a text based PDF. If it already is text based, you can copy and past from a PDF even with the just the reader.

The character recognition is not perfect, so you have to check what you copy.

I did that sort of thing just last week for a monthly status report I was writing. Someone had generated the PDF by scanning in the document, so as to capture the signature(s). There's not really a need to do that either, you can just capture the signature page as an image, and then replace the text based page with that. (you could do the CR thing on that page, but I would not advise it).

339 posted on 08/29/2009 4:32:17 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: GreenLanternCorps
Kenyan independence was in ‘63. Hussein was born in ‘61. At birth, he was Kenyan. Eligibility speaks to natural BORN citizen, not citizenship after a revolution or if at 18 allegiance is sworn, through adoption or at some other point in time.
360 posted on 08/29/2009 5:21:18 PM PDT by bgill (The evidence simply does not support the official position of the Obama administration)
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To: GreenLanternCorps
You have a possible point in weather or not he currently has British citizenship. We agree he was born with British citizenship.

Two points:

1) He was born with British citizenship. Something we agree on. Therefore, how then, could someone be considered a NBC of the US if they were governed by Great Britain at birth? There's no indication the framers would have considered a person with dual citizenship at birth to be NBC. There is evidence and a definition to the contrary.

2) He may has lost his British citizenship via the 1963 Kenyan Independence Act...and he may have "gotten it back" (as if never loosing it to begin with) by way of the amended Act. There is further supporting statements out of British law that indicate he remains a British citizen (barring a record of him renouncing it).

The following, from Attorney Apuzzo's site: http://puzo1.blogspot.com/2009/07/obama-president-of-us-is-currently-also_29.html

"Under the Kenyan Constitution of 1963, Obama’s father and Obama became citizens of Kenya. But neither Kenya’s independence from Great Britain, nor the Kenyan Constitution, nor the Kenyan Independence Act of 1963, as amended, caused Obama to lose his British citizenship with which he was born"

The fact that Obama still has British citizenship is further supported by the following:

"Under United Kingdom law as it has been since the British Nationality Act, 1948, the acquisition of another nationality by a citizen of the United Kingdom and Colonies, of whatever age, makes no difference whatever to his status as a citizen of the United Kingdom and Colonies, and, therefore, he remains a British subject.

Moreover, it is not possible, under United Kingdom law, for the nationality of a child who is a citizen of the United Kingdom and Colonies to be changed by the decision of his parents. Only the child, when he reaches the age of 21, can renounce his citizenship of the United Kingdom and Colonies if he is then in possession of another nationality, but during the child's minority neither the child nor his parents can do anything to forfeit his birthright of British nationality." Children Bill [Lords], HC Deb 27 June 1958 vol 590 cc743-830.

"It is now the law that all persons born in the United Kingdom or its Colonies, or in countries which were Colonies at the time when they were born, have British nationality whether they are legitimate or illegitimate. . . .

Also, it is part of our law that children of a British male born abroad can have British nationality." British Nationality, HC Deb 16 July 1963 vol 681 cc341-3.

Additionally, if one examines the British Nationality Act of 1981, as amended, there is nothing there which shows that Obama, once having the British citizenship that he acquired by descent from his father at the time of his birth, automatically lost it at age 21. On the other hand, the act contains provisions concerning "declaration of renunciation" at Section 10, 12, and 13. Not that doing so would make Obama an Article II “natural born Citizen,” there is no evidence that Obama ever filed any "declaration of renunciation" of his British citizenship.

Again, though, the bottom line here is the term "Natural Born Citizenship" and weather or not someone born with dual allegience can be considered such for the position of Commander in Chief.

371 posted on 08/29/2009 5:48:15 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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