Thomas Breaks Tradition: Forces Supreme Court to Look at Obama Citizenship Case

THE AFRO-AMERICAN NEWSPAPERS ^ | 12/3/08 | James Wright, AFRO Staff Reporter

[jcsjcm]

“BOTH PARENTS MUST BE U.S. CITIZENS AND THE CHILD MUST BE BORN ON U.S. SOIL” Factually incorrect. A natural born citizen is anyone born within the United States. How do I know? Because I'm a natural born citizen and when I was born neither of my parents were citizens. I've done all the legal footwork on this. It's a fact. This entire “Obama is not a natural born citizen” episode is very silly. Sure he could have stopped it early on but I think he's enjoying the sight of a bunch of people make fools of themselves.

I beg to differ with you on this. You would be a US citizen, but you could not be a natural born citizen. George Washington was born on US soil, but he did not have natural born status. This is why they grandfathered themselves into the constitution - they were not natural born. You could not be natural born!

[bvw]

Not so sure. Anyway that lyric is Gil Scott Heron's. According to Wikipedia:

It first appeared on the 1970 album "Small Talk at 125th and Lenox", on which Scott-Heron recited the piece, accompanied only by congas and bongo drums.

A re-recorded version, this time with a full band, appeared on the 1971 album Pieces of a Man and as the b-side to the single "Home Is Where The Hatred Is".

[TYVets]

The Constitution provides for "checks and balances" in our country.

The Judicial Branch of government is the only branch willing and able to to resolve this matter.

Will they do it as justices of the highest court in the land in an impartial manner or will they play politics with it?

[kabar]

Here on the rules on children born abroad.

Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) has agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

FYI: Only fairly recently, Ireland passed a constitutional amendment ending birthright citizenship, the last country in Europe to have that practice.

[Aquinasfan]

“This way, I would guess, the matter would be done with. Petitions of Donofrio’s types are hardly ever granted.”

God help us! Doesn't any judge or elected representative care about the constitutional requirements for the presidency?

[classified]

Hope the Supremes understand the difference between citizen of the U.S. and Natural born citizen of the U.S.

[Aquinasfan]

I’m pretty sure it’s solid tradition for all children born on U.S. soil...

How do you know that Obama was born on US soil?

[Publius Valerius]

George Washington was born on US soil,

No he wasn't; the United States didn't exist when he was born.

[MileHi]

If you’re born in the United States, you are a citizen of the US. Period.

Nonsense. Offspring of illegal aliens are not "subject to the jurisdiction thereof".

http://federalistblog.us/2007/09/revisiting_subject_to_the_jurisdiction.html

[kabar]

I beg to differ with you on this. You would be a US citizen, but you could not be a natural born citizen. George Washington was born on US soil, but he did not have natural born status. This is why they grandfathered themselves into the constitution - they were not natural born. You could not be natural born!

The reason they grandfathered themselves in was because there was no United States of America until the Constitution was adopted. When Washington was born, it is was in a British colony and they were considered subjects of the Crown, i.e., they were English citizens. Remember the Boston Tea Party? No taxation without representation.

[jersey117]

Clarence Thomas - a Supreme Court Justice just doing his job. We shall see the media attack him soon.

[Sola Veritas]

“I find the above passages to be very illuminating. For one, it affirms to me that Leo Donofrio knows his Justices, so picked Justice Thomas to re-file his petition to, as the one Justice most likely to act on the overwhelmingly urgent implications of the issue.”

I agree. I think that Justice Thomas understands that this needs to be dealt with because it just isn’t going to go away. I don’t know if he has any opinion about it....he may think it has no merit...but he (I think) realizes it must be examined and not just pushed to the side.

I do believe that IF the SCOTUS was to examine the facts and documents (i.e. vault BC) they would be able to make an informed decision. I also think that IF the evidence shows that P.E. Obama was indeed born in Kenya or if other circumstances (being an Indonesian citizen) caused his loyalties (as constitutionally intended) to be questioned, I think a majority of the court will rule P.E. Obama to be unqualified. However, the evidence must be clear and compeling.

The hard part is getting them to actually take the time to obtain and examine evidence, which I think is all most of us want them to do.

[ReignOfError]

The U.S. requires immigrants applying for naturalization to renounce their previous citizenship. Customarily, parents seeking naturalization also renounce, on behalf of their children, their children's previous citizenship.

Are you saying that Indonesia wouldn't require (or even allow) the same?

I'm saying that Indonesian law is irrelevant to the question of U.S. citizenship. From the U.S. State Department:

Parents cannot renounce U.S. citizenship on behalf of their minor children. Before an oath of renunciation will be administered under Section 349(a)(5) of the INA, a person under the age of eighteen must convince a U.S. diplomatic or consular officer that he/she fully understands the nature and consequences of the oath of renunciation, is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her U.S. citizenship.

[Just mythoughts]

Factually incorrect. A natural born citizen is anyone born within the United States. How do I know? Because I'm a natural born citizen and when I was born neither of my parents were citizens. I've done all the legal footwork on this. It's a fact. This entire “Obama is not a natural born citizen” episode is very silly. Sure he could have stopped it early on but I think he's enjoying the sight of a bunch of people make fools of themselves.

HA, so when do you expect Bama to demonstrate a bunch of people made fools of themselves? He is hiding something because the lawyer fees alone are eating up a good chunk of that campaign war chest.

[DrC]

This provides a coherent and succinct argument for what natural born citizen means in the context of 14th amendment.
http://federalistblog.us/2008/11/natural-born_citizen_defined.html

[jcsjcm]

The reason they grandfathered themselves in was because there was no United States of America until the Constitution was adopted. When Washington was born, it is was in a British colony and they were considered subjects of the Crown, i.e., they were English citizens. Remember the Boston Tea Party? No taxation without representation.

Oops, my bad! Didn't take that one into consideration! That muddies it up a bit more.

[kabar]

Nonsense. Offspring of illegal aliens are not "subject to the jurisdiction thereof".

Except for the children of accredited diplomats, anyone born on US soil is a US citizen, i.e., jus solis. That is the way our laws are written and practiced, which is why we have 400,000 anchor babies born each year who are entitled to such things as US passports and food stamps.

[CodeToad]

“That is fact and will probably disqualify McCain too, who was born in Panama.
“

Wrong. Armed forces members married to US citizens on orders to be overseas are always considered as having US natural born children regardless of where the child is born.

[alexander_busek]

Thanks for that clarification!

Regards,

[Buckarow]

CLANG>>>CLANG...NOW HEAR THIS....The Supremes will order the electors to verify the candidates qualifications before they vote yea or nae....this will stop the process and force the electors to do the job that created the positions they now hold....it is not a ceremonial job but one of substance and if they certify any candidate who later proves to be unqualified ,they are subject to the laws of treason . This crap has been going on far to long and it will stop on Friday 12/5/2008 Obama bin Biden will have to put up or step down. Tomorrow is his last chance...and I for one hope to color him gone so I don’t have to listen to all the dimoctrats who suffer from constipation of the brain and diarrhea of the mouth along with the absence of ideas.