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To: nc28205; Kansas58

See the case of Donofrio v. Wells case, where Donofrio argued that NBC requires meeting both of these two criteria: 1. citizenship must be passed on by the constitutionally pertinent principle of natural law, which assumes that citizenship is inherited from one’s father’s citizenship and, 2. citizenship must be granted by means of being born in the actual territory of the United States.

According to this case, Barack H. Obama II is not qualified, because his father, Barack H. Obama I, was a citizen of the United Kingdom as a Kenyan. John McCain is not qualified, because he was born in Panama or the Panama Canal Zone, which was a protectorate of the United States and has never been a territory of the Untied States, even though his parents were U.S. Citizens.


56 posted on 02/22/2009 7:24:41 PM PST by nc28205
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To: nc28205

You are wrong sir.
The Constitution uses words.
Words require definition.
Such definition is left, of course, to Congress and the Courts.
It is entirely possible to be a “natural born citizen” and not be born on US soil.
However, to qualify, one must be born with at least one parent who IS a US citizen, and that citizen must be at least 19 years of age, and must have spent considerable time in the United States, prior to the birth of the child.

I refer you to the US Passport Application. This would be form DS-11.
That document clearly lists, on page 2 of the instructions, Section 1. Proof of Citizenship
b. Applicants born outside the US, submit a previous US passport, Certificate(s) of naturalization of your parent(s), your foreign birth certificate, Abroad, or evidence described below
1.)If you claim Citizenship through Naturalization of Parent(S)-———
2.)If you claim Citizenship through birth abroad to One U.S. Citizen Parent: Submit a Consular Report of Birth (Form FS-240), Certificate of Birth (Form DS-1350 or FS-545), oryour foreign birth certificate, proof of citizenship of your parent, your parents marriage certificate and an affidavit showing all of your U.S. Citizen parent’s periods and places of residence/physical presence in the U.S. and abroad before your birth.
3.)If you claim birth abroad through two U.S. Citizen Parents, (Same as above, trust me)
4.)If you claim U.S. Citizenship through Adoption -—


Anyway, you get the point.
There are laws which define “Natural Born Citizen” -— and it is accepted that the law in place at the time of birth dictates. The law for children born today is different than the law when Obama was born. The law when Obama was born would require his mother to be 19, if he was not born on American soil. Also, there is some question about Obama’s mother’s location in all of the years prior to Obama’s birth.

BOTH of McCain’s parents were over 19, when he was born. BOTH parents met the residency and location requirements, BOTH were citizens, and McCain was born on what is legally considered US territory, at the time of birth.


57 posted on 02/22/2009 7:49:58 PM PST by Kansas58
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