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To: mlo
"There is nothing unconstitutional about having a British father."

The rub is that there's nothing particularly Constitutional about it either, which is at the heart of the debate. Imagine that the British Ambassador, Military Attache, etc. to the US has a child with his spouse that is born at a U.S. Hospital on U.S. soil. Certainly few would argue that the child should not have any issues returning to England someday as a British subject, with British Nationality conferred through his/her parents. Certainly the case could also be made for dual-citizenship, and arguably for "natural born" status here in the U.S. (i.e. "anchor baby").

This is something that our Founders did not specifically address in the Constitution, although a fair case can be made that they did address it elsewhere, or relied on generally accepted definitions of the day. The 14th Amendment muddied the waters as much as they clarified them, but with it remaining in some degree of ambiguity, there is some substance to the argument that Obama's dad, being a British subject, may have conferred British nationality on Obama simply by fathering him. Likewise, US law at the time did not automatically confer US citizenship due to his mother's age and other possible factors, depending on where he was actually born.

26 posted on 12/14/2009 7:55:11 AM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: Joe 6-pack
there is some substance to the argument that Obama's dad, being a British subject, may have conferred British nationality on Obama simply by fathering him.

I've never understood this line of reasoning. Apparently, having a foreign nation declare you as a citizen bars you from the Presidency? Doesn't that open us up to every two-bit dictator in the world deciding who can be President? After all, what if Hugo Chavez declares Sarah Palin as a citizen of Venezuela - according to this logic, she would be barred from running for the Presidency or Vice Presidency.

How another nation considers a person should be irrelevant; the only thing that should matter is how WE consider that person. From what I can tell, if you're born on US soil (or the equivalent, like a military base or possession) to at least one US citizen (naturalized parent or not) you're a natural born citizen.

Another nation's "claim" on your citizenship is irrelevant.

31 posted on 12/14/2009 8:02:45 AM PST by PugetSoundSoldier (Indignation over the Sting of Truth is the defense of the indefensible)
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To: Joe 6-pack

“there is some substance to the argument that Obama’s dad, being a British subject, may have conferred British nationality on Obama simply by fathering him”

But there is no substance, or ver, very little, to the idea that dual citizenship bars one from the office of the presidency. It in no way bars you from being a citizen at birth, after all, since whether other countries can claim you is of no concern to the U.S. government. For it does not recognize dual citizenship.


33 posted on 12/14/2009 8:03:30 AM PST by Tublecane
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To: Joe 6-pack
Imagine that the British Ambassador, Military Attache, etc. to the US has a child with his spouse that is born at a U.S. Hospital on U.S. soil. Certainly few would argue that the child should not have any issues returning to England someday as a British subject, with British Nationality conferred through his/her parents. Certainly the case could also be made for dual-citizenship, and arguably for "natural born" status here in the U.S. (i.e. "anchor baby").

No it could not, since the people you mentioned enjoy diplomatic immunity and are not subject to the jurisdiction of the United States. Per U.S. law and the 14th Amendment they are not citizens at all.

36 posted on 12/14/2009 8:06:05 AM PST by Non-Sequitur
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To: Joe 6-pack
I believe that even a dual citizen would not necessarily be what the founders had in mind as a “natural born citizen.” I think part of what they had in mind was to have a President who had no allegiance whatsoever to any other country but the US. The constitution may not specifically say that anywhere just my take on things.
143 posted on 12/14/2009 12:00:54 PM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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