Replies

OK, I read Perkins v Elg, the syllabus as well as skimming the decision.

Where do you get from it that Obama doesn’t qualify as a natural-born citizen?

My reading is that it supports his claim to be a natural born citizen.

In fact, the court approvingly cites an Attorney General’s ruling with regard to the son born to a German citizen who was naturalized as an American, then returned to Germany and resumed his German citizenship. On reaching the age of 20 the son attempted to refuse service in the German military on the basis that he was an American citizen.

The court cites, “Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty-one, and in due time, if the people elect, he can become President of the United States...”

From what I can tell, there is absolutely no distinction in US law between the terms “native-born citizen” and “natural-born citizen.” They were used interchangeably in common law and in other Supreme Court decisions.

If you have some portion of this decision that invalidates Obama’s qualification, please point it out.

Personal opinions on what “natural-born citizen” SHOULD mean don’t count.

Here's a picture, You can probably understand it better.

Here is a chart of the facts and the Supreme Court's holding in the case. The Supreme Court will have to consider Obama ineligible to be President based on the two cases. The problem for Obama is that his father was a foreigner (Kenyan Citizen) and Obama will never be considered natural born (or native born) of this country.

Facts

Supreme Court Holding

Citizenship Matrix

Miss Elg was born in Brooklyn, New York, on October 2, 1907. Her parents, who were natives of Sweden, emigrated to the United States sometime prior to 1906 and her father was naturalized here in that year. Perkins v. Elg, 307 U.S. 325, 327 (1939).

Elg is a citizen of the United States. Perkins v. Elg, 307 U.S. 325, 328 (1939).

1 foreigner parent (Sweden) and 1 US citizen parent (naturalized by US statute)

AND

Born in Brooklyn, NY (USA)

The facts were these: One Steinkauler, a Prussian subject by birth, emigrated to the United States in 1848, was naturalized in 1854, and in the following year had a son who was born in St. Louis. Perkins v. Elg, 307 U.S. 325, 330 (1939).

'Young Steinkauler is a native-born American citizen.

Perkins v. Elg, 307 U.S. 325, 330 (1939).

2 US Citizen parents (at least one naturalized by US statute)

AND

Born in St. Louis, MO (USA)