if “Barrack II’s true mother” had had him in Canada, his citizenship/parentage status would have been :
Unmarried non-citizen mom,
U.S. citizen dad who didn’t acknowledge paternity,
kid born in Canada.
Barry would have British (mom) citizenship, since Barry’s real dad didn’t acknowledge paternity, and pass U.S. citizenship to Barry.
This disqualifies Barry/Barrack II from being President; he’d need —both— parents to be U.S. citizens at the time of his birth and be born on U.S. soil in order to be eligible.
That is kind of loose although it is essentially accurate as is your bottom line.
The Natural Born Citizen clause is to some degree uncertain. And there is a good deal of uncertainty here on this board about how it might operate.
Historically, Constitutional Lawyers viewed the clause as requiring birth within the geographical limits of the states. It wasn't much of a move to say Goldwater might have been eligible even though Arizona was not a state when he was born because it was subsequently admitted--the further problem for Goldwater was that he was born in an area of Arizona which was still subject to a claim of jurisdiction by Mexico--which might have rendered the issue uncertain.
But you have to look at these cases from the practical litigator's point of view--in the modern world, the Supreme Court is going to apply a looser standard. Exactly how loose is not clear but no matter how loose, I think you are correct, based on what I know, Barry flunked.
The next level after the "born in the geographical territory of the United States" is "Birthright Citizenship"--a person born outside the territory but who became a citizen when he dropped out of the birth canal maybe is Natural Born.
So you need to look at the citizenship statutes which have been a moving target over the last fifty or sixty years.
All that said, when Barry was born, to a mother who was not a citizen and had no connection to the US; and a father who is the kind of ancestral citizen envisioned by the founders; he isn't a citizen at birth because the Citizenship at Birth outside the US statute at that time provides that a person born under those circumstances is not a citizen.
That case has been specifically litigated to the Supreme Court on the sauce for the gander ought to be the same for the goose argument and the Supreme Court said "no way". 8 to 1 if my memory is correct.
The issue has major consequences today.
Again there is misunderstanding about the law. We have legions of cases where installation in political office is held to involved procedural political questions--once the guy is installed, he is in.
Not the way "qualification to hold office" works. A person who is not eligible to hold an office does not hold it no matter that he or she is procedurally and properly installed. If the analysis set out here is correct, Barry was not and never will be President of the United States. And his claimed acts, to the extent such acts require a "President" to implement, are Void.
The Supreme Court appointments of Kegan and Sotomayor required a "Constitutional President" to make and they didn't have one.
It is generally understood that Barry gave a bunch of pardon's on the way out the door. Those also require a President and he wasn't.
I believe that Joseph Biden has been Acting President for the last eight years under Section 3 of the Twentieth Amendment to the US Constitution which specifically provides that if the President elect fails qualification, the Vice President shall act as president until a qualified person appears as President.
If I had been counsel at the point in time, I would have had Biden sign the pardon's and then although I delivered them to the pardoned party, I would have concealed them. In fact, pardons were delivered and have been concealed--maybe that is why because having Biden sign confirming the pardon is effectively admission that Obama was not qualified.
I don't think they could have done that with the Supreme Court appointments.