Another point that people need to be aware of is that if was not born in Hawaii, then he is not any kind of U.S. citizen, natural born or otherwise. At the time of his birth if one parent was not citizen (BO sr.) then the American parent (Stanley Anne Dunham) had to have lived in the U.S. for 5 years after reaching 16 years of age. His mother was only 18 and therefore not eligible to transfer citizenship to baby Barry.
Assuming overseas birth, he would not have received U.S. citizenship based, only, on his mother's citizenship status. Per U.S. law at the time of his birth (December 24, 1952 to November 13, 1986). Birth Abroad to One Citizen and One Alien Parent in Wedlock: "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." http://travel.state.gov/law/info/info_609.html
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http://germany.usembassy.gov/acs/claimtocitizenship/
Also found here:
"1952 Immigration and Nationality Act Title3 Chapter1"
http://www.scribd.com/doc/8693236/1952-Immigration-and-Nationality-Act-Title3-Chapter1
Of course, that, and his being born subject to the 1948 B.N.A. is dependant upon Sr. being his legal father at birth. Sr. was likely still married to Kezia Aoko, and therefore any marriage (of which there is no known marriage cert) to SADO (Barry's alleged mother) would have been illegal in HI.
IF that were the case, depending on just where the guy really was born and just who his parent(s) really were...he might be a "natural born Citizen."
However, Barry would then need to explain (at least): 1) why he took multiple oaths of office throughout his career, under the name "Obama" if that wasn't his legal father at birth and 2) why is there a clearly fraudulent government document (alleged HI short form) proudly displayed on his campaign web site.
Yeah, this clear Constitutional crisis probably couldn't get much more tangled.
It's way past time the country get the real answer's to these questions about the man with his finger on the nuclear trigger.
If SAD was not married BHO would be a citizen if the birth occurred outside the US. He would most likely have a CRBA in that case.
If SAD & BHO Sr. were married he would not be a citizen if he were born outside the US. In 1961, the requirements were that a married US citizen parent had to have been in the US for 10 years, 5 of those after the age of 14.
There have been several amendments to that statute since then.
You are correct. That point is why so many of us have argued for a House request that HI release all O birth documents in its possession. Anything produced by HI that reveals a non-U.S birth is game-over.
Almost certainly, a Senate trial based solely on a non-citizen father would end up in the USSC. Dicta in USSC decisions, contemporaneous writings and understood meanings at the time and history in general, suggests a lack of NBC. It seems unlikely the court could find NBC with one born to a non-citizen father.