When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdoms dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.s children:
British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.
In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.
Obamas British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that:
1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963
2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
As a citizen of the UKC who was born in Kenya, Obamas father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obamas father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963.
http://tesibria.typepad.com/whats_your_evidence/1952_Immigration_and_Nationality_Act_66Statxx_TitleIII_Chapter3.pdf
LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN SEC. 349. (a) From and after the effective date of this Act a person ~110 is a national of the United States whether by birth or naturalization, shall lose his nationality by-
(1) obtaining naturalization in a foreign state upon his own application, upon an application filed in his behalf by a parent, guardian, or duly authorized agent, or through the naturalization of a parent having legal custody of such person: Provided, That nationality shall not be lost by any person under this section as the result of the naturalization of a parent or parents while such person is under the age of twenty-one years, or as the result of a naturalization obtained on behalf of a person under twenty-one years of age by a parent, guardian, or duly authorized agent, unless such person shall fail to enter the United States to establish a permanent residence prior to his twenty-fifth birthday: A
“The District ruled she was a natural born citizen of the United States and the Circuit Court affirmed the ruling. SCOTUS affirmed, but modified the ruling to opine Marie Elg was a natural born citizen in the United States.”
Have you even read the SCOTUS opinion in Perkins v Elg?
Marie Elg sued the Secretary of Labor, the Acting Commissioner of the Immigration and Naturalization and the Secretary of State. The District Court issued a decree releasing the Secretary of State from the case.
“The District Court overruled the motion as to the Secretary of Labor and the Commissioner of Immigration and entered a decree declaring that the plaintiff is a native citizen of the United States but directing that the complaint be dismissed as to the Secretary of State because of his official discretion in the issue of passports. On cross-appeals, the Court of Appeals affirmed the decree, 69 App.D.C. 175, 99 F.2d 408. Certiorari was granted, December 5, 1938, 305 U.S. 591.”
The Supreme Court affirmed the decree but modified it by adding back the Secretary of State to the compliant.
“The decree will be modified accordingly so as to strike out that portion which dismisses the bill of complaint as to the Secretary of State, and so as to include him in the declaratory provision of the decree, and as so modified the decree is affirmed.”
It’s better when you make stuff up to limit it to things that cannot be easily verified. Stuff like imaginary CLNs. Just a suggestion.