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To: ckilmer
Maybe he was born in Kenya, maybe not. But I suspect that any statutory impediment to Obama's being a 'natural born citizen', where his mother was undoubtedly an American citizen, would be found unconstitutional before he was found to be inelligible. The child of an American citizen is an American citizen: it's that simple.
51 posted on 12/01/2008 3:40:42 AM PST by Grut
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To: Grut
Maybe he was born in Kenya, maybe not. But I suspect that any statutory impediment to Obama's being a 'natural born citizen', where his mother was undoubtedly an American citizen, would be found unconstitutional before he was found to be inelligible. The child of an American citizen is an American citizen: it's that simple.

I agree, but why do we not get to the bottom of this issue, and move on? If the bottom line, even with congressional action, is that Mr. Obama is qualified to serve, then we should clear the air now, not later. Release of the original Certificate of Live Birth, with all of its "warts" would serve that purpose, and would be $10 well spent.

53 posted on 12/01/2008 4:18:47 AM PST by olezip
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To: Grut
The child of an American citizen is an American citizen: it's that simple.

Not according to the law at the time of O's birth (If he was born in Kenya).

1952 The Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S. Code Section 1401 (b). (Section 301 of the Act).

Section 301. (a) The following shall be nationals and citizens of the United States at birth:

(1) a person born in the United States, and subject to the jurisdiction thereof; (7) 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.

(b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State(s) for at least five years: Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years.

(c) Subsection (b) shall apply to a person born abroad subsequent to May 24, 1934: Provided, however, That nothing contained in this subsection shall be construed to alter or affect the citizenship of any person born abroad subsequent to May 24, 1934, who, prior to the effective date of this Act, has taken up a residence in the United States before attaining the age of sixteen years, and thereafter, whether before or after the effective date of this Act, complies or shall comply with the residence requirements for retention of citizenship specified in subsections (g) and (h) of section 201 of the Nationality Act of 1940, as amended.”
56 posted on 12/01/2008 4:31:41 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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