There is no Constitutional requirement that Obamas father be an American citizen.
If his father isn’t at least a permanent immigrant, like the parents in Wong Kim Ark, then arguably Obama isn’t an American citizen period. Otherwise, then, yes, the father needs to be an American citizen.
If there was, the McCain/Palin campaign would have sought an injunction to stop Obamas election; Vice President Cheney would not have certified Obamas electoral votes; and Chief Justice Roberts would not have sworn him in as the 44th President of the United States.
You’re right. They should have sought an injunction. Failing to take action does NOT justify the transgression.
Perhaps there was no injunction because there was no transgression to enjoin. McCain and Palin are STILL as of today the only persons who might conceivably have legal standing to sue Obama and neither of them as filed suit.
I've quoted the parts of the decisions that do.
Wong Kim Arks parents returned to China and neither was ever an American citizen.
Which is why I said they were permanent immigrants and residents (which were the court's words). This would make the child a citizen at birth, but not a natural born citizen, which is why they didn't call the plaintiff a natural born citizen.
Barack Obamas mother was born and died an American citizen and Barack Obama was born in Honolulu, Hawaii at 7:24 p.m. on Friday, August 4, 1961, according to the state of Hawaii.
We don't know if Obama's mama remained a U.S. citizen or if she might have expatriated in Indonesia. The state of Hawaii has not shown any documentation proving that Obama was born in Hawaii on that time and date. I'm not taking it on blind faith.
Thus far, 64 courts including the US Supreme Court on eight separate occasions have ruled against every plaintiff that has attempted to sue Obama or sue others for not properly vetting Obamas citizenship.
None have heard a full case on merits, so we don't know where any court stands on vetting Obama's citizenship, except Ankeny, which had an unsupported conclusion.
McCain and Palin are STILL as of today the only persons who might conceivably have legal standing to sue Obama and neither of them as filed suit.
Obama did McCain a favor, so he's not going to take this to court. Palin is choosing a different path. As to whether they're the only one's who have legal standing, the jury is out.