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Old 04-26-2011, 09:41 AM
 
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Quote:
Originally Posted by Grim Reader View Post
Natural-born citizen
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.
Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"
  • Anyone born inside the United States *
  • Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
  • Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
  • Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
  • Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
  • Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
  • Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
  • A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.


Source: usconstitution.net.


So for Obama not to be a natural born citizen, it woud be neccessary to prove that his mother was not a citizen, or had not lived five years in the USA.


Best shot of this would probably be a mixup at the hospital. Wrong baby to wrong family sort of thing. In all honesty, I think the only thing that would happen is that an extra clause would be added. It is no small thing to remove the peoples choice in a democracy on a technicallity. It is much easier to just make a quck legal exception.
The point you are attempting to make is an invalid point because you are attempting to ignore the differentiation between a "Citizen if the United States" and a "Natural Born Citizen of the United States", of which the latter is a requirement to be president.

The criteria for "Natural Born" hold a higher standard, with the most significant portion of that being that the person may not EVER have owed "fealty" or "allegiance" to a foreign power ... and further legal definition has been defined by earlier SCOTUS to be defined as born within the Jurisdiction of the United States to parents who were citizens of the United States.

United States Supreme Court - Justice Black - (1968)

“Professor Fairman’s “history” relies very heavily on what was not said in the state legislatures that passed on the 14th Amendment. Instead of relying on this kind of negative pregnant, my legislative experience has convinced me that it is far wiser to rely on what was said, and, most importantly, said by the men who actually sponsored the Amendment in the Congress. I know from my years in the United States Senate that it is to men like Congressman Bingham, who steered the Amendment through the House, and Senator Howard, who introduced it in the Senate, that members of Congress look when they seek the real meaning of what is being offered. And they vote for or against a bill based on what the sponsors of that bill and those who oppose it tell them it means.

Rep. John Bingham - aka “father of the 14th Amendment”, congressman from Ohio stated on the House floor: (1862)

"All from other lands, who by the terms of congressional laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians.”

Then in 1866, Rep. Bingham also stated on the House floor:


Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”

It is very clearly stated by the drafter of the 14th Amendment, and reinforced later by Supreme Court Decision what ACTUALLY constitutes "Natural Born" citizenship .... any person born within the jurisdiction of the United States to parents (not mother) not owing allegiance to any foreign sovereignty is a natural born citizen of the United States (not just Citizen of the United States, but natural born)

Barack H Obama Sr., being native born in Kenya, was a British subject at the time Barack Obama Jr was born, (wherever he was actually born) and that is the first "Disqualification" .... his father owed allegiance to the British crown, while the criteria for natural born citizen of the United States requires that his parents not owe such allegiance to a foreign sovereignty.

Moreover, based on British Law ... Barack Obama Sr. ... being a British Subject, confers that same status to his offspring, which also makes Obama Jr. a British subject according to the British law. That is Disqualification #2.

So you have it clearly established here that the entire argument of "was Obama born in Hawaii or not" is a red herring and a purposeful diversion. It wouldn't make any difference if Obama was born in a Taxicab parked in front of the White House on Pennsylvania Ave., .... his father was a British subject at the time of his birth, owing allegiance to the British Crown, and there is no dispute regarding this FACT. That, in and of itself is all that is required to disqualify Barack Hussein Obama Jr.

Barack Hussein Obama Jr. is not eligible to be the President of the United States as defined by the constitution, and therefore, is not the lawful President. P E R I O D ! End of debate.
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Old 04-26-2011, 09:52 AM
 
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Quote:
Originally Posted by GuyNTexas View Post
Barack H Obama Sr., being native born in Kenya, was a British subject at the time Barack Obama Jr was born, (wherever he was actually born) and that is the first "Disqualification" .... his father owed allegiance to the British crown, while the criteria for natural born citizen of the United States requires that his parents not owe such allegiance to a foreign sovereignty.

Moreover, based on British Law ... Barack Obama Sr. ... being a British Subject, confers that same status to his offspring, which also makes Obama Jr. a British subject according to the British law. That is Disqualification #2.
There is not a single current judge, congressman, constitutional scholar or law professor who agrees with that interpretation of the natural born citizen clause. There are former Presidents, VPs, major party nominees and candidates who had alien parents, and none had their eligibility seriously questioned on that basis.
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Old 04-26-2011, 09:53 AM
 
Location: North America
19,784 posts, read 15,103,127 times
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Quote:
Originally Posted by smartalx View Post
Just for fun. Let's discuss what would happen if Obama's BC was proven to be false. That he was proven to have been born in Kenya?

Please BTW, let's keep this on topic. This isn't about whether or not he really was born in Hawaii. Keep that controversy out of this topic please.

Let's just keep this a "what if" about him actually being born in Kenya. What would happen?

Impeachment obviously. But what then?

President Biden.
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Old 04-26-2011, 10:13 AM
 
Location: Gone
25,231 posts, read 16,928,124 times
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IF, as the Birthers like to say, President Obama was not legally the President the GOP would have removed him from office years ago, anyone with half a brain would realize that FACT. Has not happened, know why, the GOP leadership knows the Birthers are chasing their own tails and yapping about nothing but it serves their purposes to keep the myth alive.
Sheeple rarely know that they are nothing more than pawns being used for political purposes.
Casper
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Old 04-26-2011, 10:21 AM
 
15,049 posts, read 8,619,636 times
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Quote:
Originally Posted by bc42gb43 View Post
There is not a single current judge, congressman, constitutional scholar or law professor who agrees with that interpretation of the natural born citizen clause. There are former Presidents, VPs, major party nominees and candidates who had alien parents, and none had their eligibility seriously questioned on that basis.
Name them. Name one President born after the ratification of the 14th amendment that had "alien" parents. You can't, because what you say is totally false.

The language introduced into the the congressional record in the 1860's by the sponsors of the 14th amendment is absolutely clear and unambiguous. The concurrence of the Supreme Court decisions citing that language as the best definition of what constitutes "natural born" is also very clear.

British Law is also very clear that offspring of a father who is a British Subject are indeed British Subjects too .... so I don't care what source you cite that might disagree ... hell, why not cite Obama himself!!! He is allegedly a constitutional lawyer ... of course no one has seen his school records either. ... so that too is just an unsubstantiated claim. And based on his behavior, either he's a willful criminal, or he knows as much about the constitution as my cat.
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Old 04-26-2011, 10:29 AM
 
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Quote:
Originally Posted by GuyNTexas View Post
Name them.
VP spiro agnew for starters ( same requirements for VP as POTUS ).
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Old 04-26-2011, 10:31 AM
 
15,049 posts, read 8,619,636 times
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Quote:
Originally Posted by Casper in Dallas View Post
IF, as the Birthers like to say, President Obama was not legally the President the GOP would have removed him from office years ago, anyone with half a brain would realize that FACT. Has not happened, know why, the GOP leadership knows the Birthers are chasing their own tails and yapping about nothing but it serves their purposes to keep the myth alive.
Sheeple rarely know that they are nothing more than pawns being used for political purposes.
Casper
Anyone with a half baked brain would have long realized that both parties are filled to the brim with criminals working for the banker gangsters.

Anyone with a half baked brain would recognize that if indeed these criminals were subject to the rule of law ... a candidate would have to present some ID before being allowed on a ballot for president when natural born citizenship is the FIRST CRITERIA.

Anyone with a half baked brain would realize that the "opposition" between these two criminal gangs otherwise known as political parties is nothing more than an illusion for the entertainment of the "real sheep" who actually believe this WWF sideshow is real.
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Old 04-26-2011, 10:33 AM
 
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..... presidential candidate michael dukakis.
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Old 04-26-2011, 10:36 AM
 
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..... presidential candidate ralph nader.
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Old 04-26-2011, 10:43 AM
 
1,777 posts, read 1,402,254 times
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Vice President Hubert Humphrey.

But I'll turn this around - can you name a single current judge, congressman, constitutional scholar or law professor who agrees with your interpretation of the natural born citizen clause? Can you find one who agrees with you when you say that the child of an American citizen born on American soil is not a natural born citizen?

Quote:
British Law is also very clear that offspring of a father who is a British Subject are indeed British Subjects too
Are you saying that dual citizenship is an automatic disqualification? In that case, what about a third generation American, whom the government of Italy recognizes as an Italian citizen because of his paternal grandfather?

Israel extends citizenship to all Jews in the world. Does that mean all Jewish Americans are not natural born citizens?

What if Kim Jong Il passed a law saying that everybody born in America was now a citizen of North Korea? Under your argument, that would make everybody born in the US dual citizens, and thus ineligible, wouldn't it?
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