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Help with Fed Statue RE: At Time Of Obama Birth
self ^ | 2012-05-31 | abigkahuna

Posted on 05/31/2012 7:21:58 PM PDT by abigkahuna

Hello FR iends!

I need help with the Fed Statue Number in force at the time of Obama's birth dealing with conferred citizenship from his mother. The fact that she could not confer natural born citizenship due to the fact that she was not five years a citizen after her 14th birthday.

On a side note, why is this issue no longer valid? Having waded through countless threads over the past four years regarding this issue, I see that this particular statue seemed to have fallen by the wayside. Is there a reason?

Anyway, thanks FRiends for your help with the particular statue and number.

regards,

abigkahuna


TOPICS: History; Miscellaneous; Reference
KEYWORDS: naturalborncitizen; obamabirth
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1 posted on 05/31/2012 7:22:04 PM PDT by abigkahuna
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To: abigkahuna

In my best Elaine, “It’s statUTE!”

Cheers.


2 posted on 05/31/2012 7:25:24 PM PDT by DC Packfan
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To: abigkahuna

3 posted on 05/31/2012 7:28:06 PM PDT by al baby (Hi Mom)
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To: DC Packfan

Why thank you DC Fan, you have helped out an old vet with his spelling, btw, do you have the fed statUTE number that I was seeking?

Cheers,

abigkahuna


4 posted on 05/31/2012 7:29:18 PM PDT by abigkahuna
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To: abigkahuna

bump


5 posted on 05/31/2012 7:32:01 PM PDT by danamco (-)
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To: abigkahuna

ZING! LOL!


6 posted on 05/31/2012 7:33:47 PM PDT by doc1019 (Romney will never get my vote!)
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To: abigkahuna
Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

7 posted on 05/31/2012 7:36:01 PM PDT by kabar
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To: abigkahuna

there’s a statue near staten island...I think its stationary...maybe you meant which fed staten number was in effect. I think there also might be a staten near statue island, but I’m not for sure. I think I’d look for a statue on statue island first, then if no luck, try staten island. But watch out for the moose, they roam free amongst both the statens AND the statues. If the moose don’t get ya, the medusa will...and then YOU will be a stationary staten...or a statue...not sure if you’ll be a fed statue tho.


8 posted on 05/31/2012 7:36:09 PM PDT by mamelukesabre
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To: abigkahuna

>The fact that she could not confer natural born citizenship due to the fact that she was not five years a citizen after her 14th birthday.<

.
Here we go again — Obozo CANNOT and NEVER WILL become a NBC simply because his old man NEVER was nor became a US citizen.

The smoke and mirrors game just doesn’t let up, does it?


9 posted on 05/31/2012 7:36:19 PM PDT by 353FMG
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To: abigkahuna

U.S. CITIZENSHIP ACQUIRED BY BIRTH ABROAD

The Immigration and Nationality Act of 1952
In the case of a child born to one U.S. citizen parent and one alien parent, the U.S. citizen parent now had only to be physically present in the United States or its outlying possessions prior to the child’s birth for 10 years, at least 5 of which were after the age of 14. “Physical presence” was different from the concept of “residence” which had applied under the previous statute. The physical presence requirement could be satisfied by mere presence in the United States even if the person had not established a legal residence there.

You can read more here:
http://www.americanlaw.com/citabrd.html


10 posted on 05/31/2012 7:36:19 PM PDT by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: abigkahuna
This MUST be what you're looking for:

11 posted on 05/31/2012 7:36:52 PM PDT by Rio
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To: Rio

^ cha cha cha chia


12 posted on 05/31/2012 7:38:40 PM PDT by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: abigkahuna

I well recall the statute you’re speaking of. Per my recollection, it only came into force if the child was born outside the territorial jurisdiction of the US to an American mother and a non-US citizen father.

If she was five years past the age of fourteen, the law at the time said that she could legally convey US citizenship to her child. If the child were born on US soil, their citizenship was automatically secured.

This is what made the issue of Obama’s actual place of birth so important. It’s a documented fact that Stanley Ann Dunham was just shy of her nineteenth birthday when Barry Jr. was born. If she gave birth to him outside the territorial jurisdiction of the US, then he’s not even a US citizen, much less, a Natural Born Citizen.


13 posted on 05/31/2012 7:39:12 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: abigkahuna

This provision of law only applies if he was not, in fact, born in Hawaii.


14 posted on 05/31/2012 7:39:23 PM PDT by mvpel (Michael Pelletier)
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To: kabar

Thank you Kabar for you assistance.

Best regards,

abigkahuna


15 posted on 05/31/2012 7:39:54 PM PDT by abigkahuna
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To: abigkahuna

That is an Immigration Law, so, it would only apply if Obama was born outside of the United States.

See the Immigration and Nationality Act, TITLE III, Section 301, Paragraph(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 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) 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 1 of the International Organizations Immunities Act, 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”

The law has been changed, but, the law that was in effect at the time of his birth, would still apply. It used to read, “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 ten years, at least five of which were after attaining the age of fourteen years: Provided, That any periods....”


16 posted on 05/31/2012 7:40:40 PM PDT by chatter4
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To: jcsjcm

Thanks for your help jcsjcm!


17 posted on 05/31/2012 7:41:40 PM PDT by abigkahuna
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To: DC Packfan

LOL! And I’m a Wisconsin ‘skins fan. We should trade houses.


18 posted on 05/31/2012 7:42:02 PM PDT by rabidralph
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To: mamelukesabre

What a mean spirited post.


19 posted on 05/31/2012 7:43:44 PM PDT by Mears (Alcohol. Tobacco. Firearms. What's not to like?)
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To: abigkahuna

This is why I love vanities: one can always count on a misspelled word in the title. Yeah, I’m a vet, too. Cheers!


20 posted on 05/31/2012 7:43:57 PM PDT by rabidralph
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To: Rio

That is a statue of limitations.


21 posted on 05/31/2012 7:44:49 PM PDT by CrazyIvan (Obama's birth certificate was found stapled to Soros's receipt.)
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To: abigkahuna

A single US citizen parent cannot obtain “natural born citizenship” for their child. To be a “natural born citizen”, you have to be born within the United States and have two US citizen parents.


22 posted on 05/31/2012 7:46:48 PM PDT by chatter4
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To: abigkahuna

Anytime! :)


23 posted on 05/31/2012 7:47:32 PM PDT by jcsjcm (This country was built on exceptionalism and individualism. In God we Trust - Laus Deo)
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To: chatter4

Thanks for your insight there chatter4.

regards,

abigkahuna


24 posted on 05/31/2012 7:53:56 PM PDT by abigkahuna
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To: mamelukesabre

I’m seriously taking a shower. This is huge.


25 posted on 05/31/2012 7:55:43 PM PDT by hoosiermama ( Obama: " born in Kenya."..Is he lying now or lying then?)
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To: abigkahuna

Go to the Department of State website.
Just look for the instructions on a passport application.


26 posted on 05/31/2012 7:55:53 PM PDT by Kansas58
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To: abigkahuna

Reminds me of the story about the newly arrived elderly immigrant from Italy. Told the carpenter he wanted a little shelf in the living room for his hallow statue.

The carpenter assumed he meant a statue of the Blessed Virgin Mary, so he was surprised when the old guy put his telephone on that shelf.

Just as he was groping in his mind how to ask the old man who spoke limited English why the telephone instead of the BVM, the telephone rang.

The old man grabbed the phone out of its cradle and yelled,”Hallow! Statue?!

And the jokes just go downhill from there!


27 posted on 05/31/2012 7:56:11 PM PDT by Tucker39 ( Psa 68:19Blessed be the Lord, who daily loadeth us with benefits; even the God of our salvation.KJV)
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To: chatter4
A single US citizen parent cannot obtain “natural born citizenship” for their child. To be a “natural born citizen”, you have to be born within the United States and have two US citizen parents.

I've seen this basic summary of the issue before.But which court(s),if nay,have ruled this way or confirmed this position.Not trying to be a wise a$$...I honesty don't know.

28 posted on 05/31/2012 7:56:11 PM PDT by Gay State Conservative (Julia: another casualty of the "War on Poverty")
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To: Mears

Waaaaah!


29 posted on 05/31/2012 7:58:17 PM PDT by mamelukesabre
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To: chatter4

I agree. We seem to have lost that argument long ago.

Mark Levin says Marco Rubio is qualified and his parents were not citizens at the time of his birth. Lots of others agree just being born on US soil is all that is needed.

I think the possibility of going back to the definition you and I believe is not going to happen.


30 posted on 05/31/2012 7:59:33 PM PDT by 3D-JOY
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To: chatter4

But what if the child is born via Ceasarian Section and not natural child birth, or one inwhich the mother was given a sedative or pain killers during labor and the birthing process? Do those invalidate citizenship because the child was not born “naturally?” ;-)


31 posted on 05/31/2012 8:01:02 PM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: CrazyIvan
That is a statue of limitations.


32 posted on 05/31/2012 8:01:39 PM PDT by Brandonmark (2012: Our Hope IS Change!)
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To: 353FMG

You may be right but so far not one member of congress is making or has made that argument and called for obama to resign ... Or even questioned any of this. Pathetic cowards. Obama is on his way out but my concern is on precedence. Between this and the glut in illegal immigration this means our borders mean very little to these politicans.


33 posted on 05/31/2012 8:01:55 PM PDT by plain talk
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To: 353FMG

Sheesh! Would you stop stating the obvious please? We prefer diversions, abstractions and that dag-nab-it birth certificate! /s


34 posted on 05/31/2012 8:02:30 PM PDT by GeorgeWashingtonsGhost
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To: abigkahuna

Statue you requested is:

The McCarran-Walter Act, the Immigration and Nationality Act of 1952

Public law 82-414 Chapter 1 Section 301 (7)

(Page 236)

http://library.uwb.edu/guides/USimmigration/66%20stat%20163.pdf

note: sorry but the document is not scanable and you cannot copy the text.


35 posted on 05/31/2012 8:15:23 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: GreyFriar

“But what if the child is born via Ceasarian Section and not natural child birth, or one inwhich the mother was given a sedative or pain killers during labor and the birthing process? Do those invalidate citizenship because the child was not born “naturally?” ;-)”

I’m sure that you’re joking, but, I’ve actually had people seriously ask that same question.


36 posted on 05/31/2012 8:29:57 PM PDT by chatter4
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To: GeorgeWashingtonsGhost

FreeRepublic.com use to be a place where conservatives could post serious comments to serious articles.

Lately there have been too many derogative comments..... This is not funny!!

You are taking away the credibility of FreeRepublic.com


37 posted on 05/31/2012 8:37:28 PM PDT by ebysan (ebysan)
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To: Gay State Conservative

“A single US citizen parent cannot obtain “natural born citizenship” for their child. To be a “natural born citizen”, you have to be born within the United States and have two US citizen parents.
I’ve seen this basic summary of the issue before.But which court(s),if nay,have ruled this way or confirmed this position.Not trying to be a wise a$$...I honesty don’t know.”

The clearest statement I’ve found is a statement of fact, within the Supreme Cort case Minor v. Happersett, in 1875.
“At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

The word “nomenclature”, means the “special terminology” used by tradesmen. So, this is explaining that the term “natural born” should be thought of like a legal term. Just as Ram means “random access memory” to a computer tech, while meaning an animal to a farmer, and something to bash a door in to a soldier, Natural born citizen meant a person born within our nation to two US citizen parents to the framers of our Constitution.

It makes perfect sense if you think about it. Think of all US citizens, regardless of race, as members of a tribe. Only a full blooded member of the tribe can be Chief. Why would we want someone with divided loyalty (a dual or naturalized citizen) or no loyalty (a foreigner) to be the Commander in Chief of our Military?


38 posted on 05/31/2012 9:02:19 PM PDT by chatter4
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To: 3D-JOY

“I agree. We seem to have lost that argument long ago.

Mark Levin says Marco Rubio is qualified and his parents were not citizens at the time of his birth. Lots of others agree just being born on US soil is all that is needed.

I think the possibility of going back to the definition you and I believe is not going to happen.”

We haven’t lost the arguement, it’s just that too many have been fed the wrong information. Many think that Rubio’s parents automatically became US citizens when they left Cuba. US law gives them “permanent residency” , but, not citizenship.
Sadly, even the 14th Amendment has been misused to give every citizenship at birth and the clause, “and subject to the jurisdiction thereof” has been totally ignored to do that. In the US Supreme Court case Elk v. Wilkins, 112 U.S. 94 (1884)the Court, speaking about the phrase “subject to the jurisdiction” said, “The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.” In the Slaughterhouse Cases, 83 U.S. 36 (1873), the Court stated, “The phrase, “subject to its jurisdiction” was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.” Sen. John Bingham, the man recognized as being the father of the 14th Amendment, had this to say on the subject of the jurisdiction clause: ”Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”
So, the 14th Amendent was never intended to give US citizenship to everyone born here.


39 posted on 05/31/2012 9:30:51 PM PDT by chatter4
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To: abigkahuna
“Mark Levin says Marco Rubio is qualified and his parents were not citizens at the time of his birth. Lots of others agree just being born on US soil is all that is needed.”

They would all be WRONG!!!

Look, if all you needed was to be born on U.S. soil, then there would be no need for the specific term “NATURAL BORN” citizen. Were they just trying to fill up space in the constitution? There is no doubt, in the “original intent”, of the framers. The John Jay letter, the changing of the language to incorporate NBC into Article II. And for the “case law” people, there is; Minor v. Happersett , 88 U.S. 162 (1875). “

“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

40 posted on 05/31/2012 9:36:44 PM PDT by faucetman ( Just the facts, ma'am, Just the facts)
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To: GreyFriar
are u serious???.....

U might want to lay off the sedatives and pain killers if u are...I'm guessing you want to be a lawyer someday?...lol

41 posted on 05/31/2012 9:52:20 PM PDT by M-cubed
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To: abigkahuna

http://obamareleaseyourrecords.blogspot.com/2012/05/indiana-court-subpoenas-obama-to-appear.html


42 posted on 05/31/2012 10:00:54 PM PDT by chicken head
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To: abigkahuna
I can't help you. You think a positive law (a man made law) governing aliens governs natural born citizens.
No positive law makes somebody a natural born citizen. USC 8 is positive law. And you're being given links to various "Acts".

Think about it.

43 posted on 05/31/2012 10:14:46 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: abigkahuna
From the Department of State website, "U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs":

http://www.state.gov/documents/organization/86757.pdf

Page 17:

7 FAM 1133.2-2 Original Provisions and Amendments to Section 301

(CT:CON-317; 12-08-2009)

a. Section 301 as Effective on December 24, 1952: When enacted in 1952,section 301 required a U.S. citizen married to an alien to have been physically present in the United States for ten years, including five after reaching the age of fourteen, to transmit citizenship to foreign-born children.

On a side note, why is this issue no longer valid?

It is still valid. This is critical to understanding why it was so important for Obama to provide the best available documentation of his birth, yet the MSM steadfastly refused to report it.

I wonder how many Americans now understand that Obama's mother, at age 18, was one year too young to have transmitted her citizenship to her son if she gave birth outside the United States? Do even five percent of Americans know that?

44 posted on 05/31/2012 11:44:23 PM PDT by TChad
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To: abigkahuna
Bâri′ M. Shabazz was assigned social security number 084-54-5926, issued in New York, in 1974. (Read More): Bâri′, Barry, Barack
45 posted on 06/01/2012 1:29:12 AM PDT by goron (Revelation 13:18)
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To: M-cubed

Am I serious? I guess you did not see my winky face ;-) indicating that I was being sarcastic. That is my standard reply to folks over the entire “naturally born” thing.


46 posted on 06/01/2012 4:32:59 AM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: GreyFriar

Whoops....missed the wink....sorry about that!...my bad


47 posted on 06/01/2012 6:56:15 AM PDT by M-cubed
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To: plain talk

“....so far not one member of congress is making or has made that argument and called for obama to resign ...”

.
And not one of them ever will — we can’t depend on Congress, they’re a bunch of eunuchs.


48 posted on 06/01/2012 11:51:32 AM PDT by 353FMG
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To: faucetman

Citizen parents matter. It’s a discussion that needs to be held and confronted with Foggers, Faithers and Obama’s Excuse Makers. The question they can’t explain away is why the Minor court rejected Virginia Minor’s 14th amendment citizenship argument and why they said ANYTHING about citizen parents. Further, why does Wong Kim Ark also talk about citizen parents when it gave the holding in Minor?? There’s an obvious answer, but the Obama apologists don’t want to admit what that answer is. Citizen parents matter and they were used to exclusively define natural-born citizenship per Article II of the Constitution. What other reason would there be for saying anything about citizen parents??


49 posted on 06/01/2012 10:21:00 PM PDT by edge919
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To: kabar

That’s actually not the statute, but rather the State Department *interpretation* of the statues that exist now, and that existed in the past.

But it’s clear that *IF BORN ABROAD*, BHO was not a citizen at birth, a necessary but not sufficient condition for being a natural born citizen.

But if born in the US, even if one parent was not a citizen, he was a citizen at birth... I repeat.. a necessary but not sufficient condition for NBC status.


50 posted on 06/02/2012 9:00:01 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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