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To: David

Ok what part of Sec. 1401(g) was in place when Obama was born?

http://law.onecle.com/uscode/8/1401.html

“(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:”


214 posted on 07/02/2008 8:07:37 AM PDT by Slapshot68
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To: Slapshot68
Ok what part of Sec. 1401(g) was in place when Obama was born?

http://law.onecle.com/uscode/8/1401.html

“(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:”

You can confirm my recollection by looking at the United States Code Annotated--the detailed description of the amendments referenced to the Public Law by which they were made follows the current text of the statute. The effective dates for each of the amendments then follows the descriptions.

The 1986 Amendments substituted the five and two year rules for ten and five years respectively effective for births after November, 1986 and thus have no application to Obama. Prior to the 1986 Amendments, the statute provided that in the case of a child born to one US Citizen and one alien, the child got citizenship but only if the US Citizen had resided in the US for ten years, five of which years were after the age of 14. Since Ms. Dunham (Obama's mother) was only 18 when he was born, he flunks under that test.

My additional recollection, supported by post #215 is that the rule in 1961 was age 21 or age 16. Since it doesn't make any difference, I haven't attempted to confirm that is correct. Either way, Obama is not a US citizen absent a naturalization proceeding, if, as it presently appears, he was born in Kenya.

219 posted on 07/02/2008 8:44:39 AM PDT by David (...)
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