This is a non issue.
Of course he is a citizen.
What?! Being born in the United States is what makes you a natural citizen, its called Jus soli.
http://en.wikipedia.org/wiki/Jus_soli
http://en.wikipedia.org/wiki/Jus_sanguinis
The details of the law defining citizenship and naturalization is determined by legislation, and one must research the law applicable during the time period of the birth under question.Show me where in the Constitution it says that both parents must be US Citizens to be a natural born citizen. It isn't in there. Natural born is- but nothing in it defines natural born. Show me a US law which says to be natural born both parents have to be citizens.
The Fourteenth Amendment gives a bit more info on citizen rights but again does not say much about who is actually a citizen, let alone a natural born one.
The ammendment was intended to bestow citizenship on slaves who were born in the US but deined citizenship by some of the states. This made it apply to all states and all people born in the United States.
He does fall into the "persons born in the United States" category (unless somebody can prove he was born somewhere else).
Title Eight of the US Code section 1401 helps codify who is a citizen:
It says nothing about both parents needing to be citizens if the child is born in one of the several states, of which Hawaii was one when he was born there.
Now even if it was shown (and nobody has really attempted to do so) that he was born outside the United States, then this section would apply, since his mother is from the American heartland of Iowa:
One parent- not both- have to be citizens. And it does not matter if the one parent is the mother or the father.
Title III - Nationality and Naturalization ; Chapter 1 - Nationality At Birth and By Collective Naturalization ; Nationals and Citizens of the United States At Birth ; Sect 391 ; Paragraph (7) : a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years...
http://www.scribd.com/doc/8693236/19...itle3-Chapter1
OBAMA'S MOM DID NOT MEET THE REQUIREMENT REFERRING TO THE AGE OF 14 YEARS.
Two other points :
3) It seems as if Certification of Live Births, in Hawaii, are officially issued to foreign births, provided the parents had resided in Hawaii for at least one year prior to the birth.
A French jurists opinion does not take precidence over US written laws.
A couple of problems here. First, the article you cite refers to persons born outside the United States. In 1961, Hawaii was a state and thus part of the United States. But I give you credit for trying to look it up.
Second, the point you raise about Hawii issuing certificates of live births to those not born in the state was not legal until 1983- he was born in 1961 so you failled to follow your own suggestion of using laws in effect at the time of his birth.
His mom was a US citizen, so that makes him one unless he renounced it, which he didn't.
A French jurists opinion does not take precidence over US written laws.
No...this is simply a piece of information I did not have, if it is accurate. My research on this topic was done in 2008, and I'm a bit fuzzy on it, but I seem to recall ( and I could be wrong ) that the 1983 statute was an update/amendment to earlier legislation, which was very similar. If I ever return to this topic in seriousness, your point will be taken into consideration and my position adjusted accordingly....Second, the point you raise about Hawii issuing certificates of live births to those not born in the state was not legal until 1983- he was born in 1961 so you failled to follow your own suggestion of using laws in effect at the time of his birth.
Why? I stated my argument/proof in post #28. Why is this line of questioning so hard to follow or believe. It's not a question of what the law is today, but rather what it was in 1961, and I provided that information....1. His mother is a natural born American Citizen. Which makes it terribly hard to say her child is not...
Why? I stated my argument/proof in post #28. Why is this line of questioning so hard to follow or believe. It's not a question of what the law is today, but rather what it was in 1961, and I provided that information.
The details of the law defining citizenship and naturalization is determined by legislation, and one must research the law applicable during the time period of the birth under question.
In 1961, the law was codified under The Immigration and Nationality Act of June 27, 1952.
Title III - Nationality and Naturalization ; Chapter 1 - Nationality At Birth and By Collective Naturalization ; Nationals and Citizens of the United States At Birth ; Sect 391 ; Paragraph (7) : a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years...
http://www.scribd.com/doc/8693236/1952-Immigration-and-Nationality-Act-Title3-Chapter1
OBAMA'S MOM DID NOT MEET THE REQUIREMENT REFERRING TO THE AGE OF 14 YEARS.
Two other points :
3) It seems as if Certification of Live Births, in Hawaii, are officially issued to foreign births, provided the parents had resided in Hawaii for at least one year prior to the birth.
4) It seems that the records of medical facilities in Honolulu County have been checked for the year 1961 and there is no record of admittance for the Obama's and no record of baby Barack having been born in such a facility.
A possible scenario is :
The Obama's traveled to Kenya to be with family during the birth. Returning to Hawaii, they then obtained the legal Certification of Live Birth and at which point the newspapers published the birth announcement.
So you are saying that. Obama's mother never lived in the U.S. for ten years, and more importantly that she didn't live her for 5 years prior to turning 14?
Where is this evidence at.
after 14