Posted on 08/09/2008 8:59:03 AM PDT by dascallie
The author is not correct.
http://www.usconstitution.net/consttop_citi.html
Constitutional Topic: Citizenship
The Constitutional Topics pages at the USConstitution.net site are presented to delve deeper into topics than can be provided on the Glossary Page or in the FAQ pages. This Topic Page concerns Citizenship. Citizenship is mentioned in Article 1, Section 2, Article 1, Section 3, Article 1, Section 8, Article 2, Section 1, and in the 14th Amendment and several subsequent amendments.
If you’re going to be involved in government in the United States, citizenship is a must. To be a Senator or Representative, you must be a citizen of the United States. To be President, not only must you be a citizen, but you must also be natural-born. Aside from participation in government, citizenship is an honor bestowed upon people by the citizenry of the United States when a non-citizen passes the required tests and submits to an oath.
Natural-born citizen
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
* Anyone born inside the United States
* Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
* Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
* Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
* Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
* Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
* Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
* A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
http://www.usconstitution.net/consttop_citi.html
His sister was born in Indonesia. How could she have a Hawaiin birth certificate?
The state of Hawaii will issue one to any foreign born person adopted in the state of Hawaii.
Steme Miller’s understanding of this issue is way behind that of most of those who have been following it. In fact, the law he quotes only applies if Obama was born outside of the US, as has been stated many times here on FR. According to the 14th Amendment to the US Constitution, anyone born in the US is a natural born US citizen.
The law applies only when the baby is born outside the US.
The only way for O’Bama to not be a citizen is if his mother was married to his father and he was born outside of the US. If the mom was single and O’Bama were born outside of the US, O’Bama would obtain the same status as his mother-regardless of her age or time as a citizen.
That is the law as it is written today, not as it was written in 1961.
Says this:
A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900.
http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001405----000-.html
There are no ifs, and or buts in the above law.
Just so you know Obama has a past history of shunning even avoiding any position that would require him to pass a government examination of his and his family’s history.
As a part of the Harvard Law review he even turned down a chance to work as an intern that would surely have placed him at or with members of the Supreme Court thereby avoiding an in depth background check into his life, curiously he doesn’t need such a background check as president.
The standard for President was the highest.......And probably intended that BOTH parents were Loyal Americans and Citizens at the time.
I have no idea, but that's what people are saying.
And as I’ve pointed out before, it won’t make a bit of difference. The mainstream media won’t call him on it, his supporters won’t care, and the Dem-controlled congress certainly won’t exercise their constitutional responsibility to remove him from the race if it’s true. For a clearcut example of this phenomenon, look at California’s current AG, Jerry Brown. Legally unqualified to run when he was elected, but there he sits.
Then it seems constitutionally imperative that the Messiah provide definitive proof he was born on US soil.
If his teenage flower child mother gave birth in Canada (or Kenya) then Obama has a citizenship issue.
As in the case of the Edwards paternity question- the controversy could be put to bed with a simple corroboration.
The candidate’s failure to do so- and to instead allow supporters to post a forgery- raises concerns.
A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900.http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001405----000-.html
There are no ifs, and or buts in the above law.
Great! show me his original Birth certificate and I'll believe he was born in Hawaii and is a citizen.
Maybe you can, Obama can't.
And after his vacation don't be surprised if he produces a "valid" Hawaii birth certificate. {wink wink}
“...Therefore, Senator Obama may very well be disqualified as the Democratic candidate in the upcoming Presidential campaign
This all falls neatly into the Plans of HRC....
SHE is a Citizen.
This is all probably just a big distraction from the real issues of the Obamanation.
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