“It doesn’t matter where Obama was born. If his mother was a US citizen, then he is. Even if he was born in Cuba or North Korea.”
“To be President one has to be a “native-born citizen” If Obama’s Mama gave birth to him in another country then that would make him a “citizen at birth” but not a “native-born citizen” It’s worth knowing since its Constitutional and would set precedent that the Libs would love.”
Actually, you’re both wrong. Under federal law at the time of Obama’s birth (and not amended until 1986), a person born outside of the U.S. or territories that had one U.S. citizen parent and one non-citizen parent was a U.S. citizen at birth only if said U.S. citizen parent had resided in the U.S. (including its territories) for 10 years, with at least 5 years coming after the age of 14. Obama’s father was not a U.S. citizen, and his mother was only 18 at the time (so at the time of Obama’s birth she couldn’t have lived in the U.S. for 5 years after the age of 14), so Obama would not be a U.S. citizen at birth had he been born in a foreign country (be it Kenya, the Philippines or what have you). However, if a person born outside the U.S. qualified for U.S. citizenship at birth (there are different rules for cases in which both parents are citizens, one is a citizen and the other is a U.S. “national” (like American Samoans), and one is a citizen and the other an alien), then he or she would be a “natural-born citizen” for purposes of Article II, sec. 1, cl. 5 of the Constitution and thus qualify for the office of the president (assuming, of course, that at the time such person is sworn in as president he or she is at least 35 years old and had resided within the U.S. for at least 14 years).
However, if a person born outside the U.S. qualified for U.S. citizenship at birth (there are different rules for cases in which both parents are citizens, one is a citizen and the other is a U.S. “national” (like American Samoans), and one is a citizen and the other an alien), then he or she would be a “natural-born citizen” for purposes of Article II, sec. 1, cl. 5 of the Constitution and thus qualify for the office of the president . . . Your #223 is a good summary of the general legal principles. Except when you get here to the end. Fact that a person is a citizen doesn't make him "natural born" under Article II, Sec. 1, (Par. 4, not 5).
Congress cannot define, dictate, or modify the meaning of Constitutional provisions with amending the document.
McCain was a citizen when he came down the shute because both his parents were US Citizens. But he doesn't meet the Article II test because he wasn't born in the US. I don't think the Supreme Court holds that it helps him that the Canal zone was U S Territory but they don't reach that issue because he wasn't born there anyway--he was born in a hospital off the base in Panama.