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4 Supreme Court Cases define "natural born citizen"
The Post Mail ^ | 10/18/2009 | John Charlton

Posted on 03/14/2010 12:04:10 PM PDT by etraveler13

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To: Kare123458

Here’s a link to the law of the land. Read it for yourself and decide for yourself how it applies to your examples:
http://www.law.cornell.edu/uscode/8/1401.html
The interpretations of the 14th Amendment by the courts have taken the word “ALL” in the 14th Amendment seriously. “ALL persons” has been interpreted to include people who would run for or be elected president and vice president.

Where a person is born and raised has no bearing on whether he is an agent of a foreign government or not. Two of the most damaging spies in American history, who were CIA and FBI agents with top secret security clearances were people who could have run for president. Robert Hanssen of the FBI was born in Chicago to two parents who were likewise citizens-at-birth and Aldrich Ames of the CIA was born and raised in River Falls, Wisconsin to two American parents. He could also have run for president.
The way US law works is that minor children who inherit foreign citizenship by virtue of their parents’ status are not penalized with regard to their US citizenship in any way.
When Barack Obama Jr. was born on Aug. 4,1961, Kenya was a British colony. As a Kenyan native, the father, 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 and a citizen of the United Kingdom and Colonies by virtue of being born to a father who was a citizen of the United Kingdom and Colonies.

Obama’s 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 United Kingdom and Colonies who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the United Kingdom and Colonies status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963.
But the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 23, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya.

Since Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1984.

Two courts thus far have actually ruled on whether Obama is a Native Born Citizen or not, an Indiana District Court and the Indiana Court of Appeals. Indiana’s higher court’s decision is available for you to read here. Please scroll to page 10 of their decision and read Section B: “Native Born Citizen” for the court’s rationale. They use the 14th Amendment and US v Wong Kim Ark as the basis for their decision.
http://www.in.gov/judiciary/opinions/pdf/11120903.ebb.pdf

Certainly the Ankeny et. al. decision can be appealed to the Indiana Supreme Court and then on up the ladder through the federal judiciary but thus far, that hasn’t happened.

The appropriate time to investigate all these issues was before Vice President Cheney counted and certified Obama’s electoral college votes. The law provides for any one Senator and any one member of the House to submit written challenges to the ceritification of the electoral college votes. Those two written challenges would have triggered an automatic investigation in both Houses of Congress into the reasons for the challenges. No one submitted any written challenges to Obama receiving Electoral College votes.
At this point in time, Obama’s birth records can still be subpoenaed by a “court order from a court of competent jurisdiction” under Hawaii law but no one has sought a subpoena for Obama’s birth records to probe whether there was forgery or fraud.


421 posted on 03/23/2010 5:51:20 PM PDT by jamese777
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To: jamese777

http://www.freerepublic.com/focus/f-bloggers/2479436/posts?q=1&;page=51


422 posted on 03/25/2010 12:17:57 PM PDT by etraveler13
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To: TheOldLady

I think that it really is interesting stuff that is being posted on here, but i dont knwo if sarcasm is going to really get you much of a good response. www.thedeepwaterproject.com


423 posted on 11/29/2010 2:29:57 PM PST by Joshiewashie
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To: Joshiewashie

Respectfully, mind your own business. I was kidding with some FRiends of mine. And for goodness sake, that was last March. Lurk and learn before you place your foot in your mouth, n00b.

Welcome to Free Republic.


424 posted on 11/29/2010 2:50:32 PM PST by TheOldLady (The only way to run our country is conservatively.)
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