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The 14th Amendment to the United States Constitution reads, in pertinent part, "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." This makes citizens of all persons born in the United States, provided they are subject to U.S. jurisdiction at the time of their birth - that is, they are not the children of foreign diplomats and like persons who, having diplomatic immunity, are not subject to U.S. jurisdiction while they are in the country for diplomatic purposes.

At the time the Fourteenth Amendment was ratified (1868), it also excluded Aboriginal Americans because they were not considered subject to the jurisdiction of the United States and, thus, were not American citizens. Congress declared it policy to extend citizenship to all Aboriginal peoples in 1924, which was realized in 1968 with the Indian Civil Rights Act.[9]

This interpretation of "subject to the jurisdiction" of the United States was formally established in 1898 by a 6-2 decision the Supreme Court in United States v. Wong Kim Ark 169 U.S. 649 (1898). In that case, the Court found the petitioner had been born in the United States and therefore became a U.S. citizen. This could not be revoked because his parents were not American citizens at the time of his birth, or because they made several trips to China after it.[10]

Originally posted by Benevolent Heretic
I'm going to ask this again in hopes that you answer it.

Being that you put a lot of weight on what the framers meant, do you think they meant to exclude from presidential eligibility, a person who was born on US soil to a US citizen and held a second citizenship through blood ONLY?

And if we're going to talk about the framer's intent, let's talk about whether or not they intended for a black man to be the president... I mean, the framer's intent is sometimes of irrelevant when we consider that.

I think the framers were clear enough in saying "Natural Born Citizen" Since I think over the past year we have learned each other's opinions of what an NBC is.

Just because the framers could not "envision" a free black man, does not mean that their intent is irrelevant, again you are being disingenuous. The framers also instituted a method to amend the constitution as the country felt it was needed, like the 14th amendment.

The framers never envisioned women voting either, does that make the rest of their intent irrelevant? I doubt they ever envisioned a female president, but that will happen too, does that make the rest of their effort irrelevant?

There's no doubt in my mind that, being born IN THE USA, to one citizen and one legal resident, Barack Obama is a natural born citizen. I do not think his citizenship though blood matters. His allegiance and birth go together, as you said. He has never had an allegiance to Kenya, let alone Britain.

And that is your opinion. Since neither of us are in a position to make a precedent ruling from a bench, our opinions are simply ours.

And the country is divided between those who share your opinion & those who share mine. That alone is a sad state of affairs.

I don't think the framers ever anticipated having this situation either!

So, what we need to do now, since there's no way to know the framers' true intent and since we know that their intentions did not always reflect the best judgment, is to determine a definition for Natural born citizen and nail this down now.

Yes this is true! And I truly believe that this is Donofrio's goal. But the first obstacle to tackle is to definitively prove that Obama was born in Hawaii (and stop that argument from the "birthers") and to positively prove who is listed as his parents on his legal birth certificate.

Now I know you have no doubts as to who his parents are, frankly neither do I, but we both know how many different CT's the "birthers" have running, from Malcolm X is his father to the Kenyan Birth, to the Soetoro "adoption".

Donofrio is trying to eliminate all other possibilities by proving what can be proven, so that the only question left is the Dual Citizenship and Natural Born Status.

Maybe he will be successful, maybe that will happen long after Obama is out of office, I don't know & neither does anyone else, but the question needs to be answered & answered definitively.

The precedent set with Obama in office, as a child born of Dual Nationality, leads to the possible future scenario of say, Osama Bin Laden fathering a child to a US citizen and that child eventually being able to run for, and become President. While that child may be a dual citizen in blood only, there is no way for us to really determine where that child's loyalties would truly lie, now is there?

Remember, there really is very little we know about Obama & his life, youth and influences during such. What is coming out, is managing to even scare his prior supporters in many cases. Remember that judge me by who I surround myself by statement???

Donofrio isn't going to get ANYWHERE with this. If the Supreme Court hears this (BIG IF), they going to declare Obama an NBC. We already know that.

Maybe, maybe not, it's way too early to tell for certain. We can only wait and see.

ETA: I thought you might enjoy reading this

WHAT SEEMS TO HAVE HAPPENED

Stanely Ann Dunham at a Friday night party on Nov. 4, 1960, meets Barrack Hussein Obama, Sr., and Barry Jr. is subsequently conceived.

Stanley Ann enrolls in the Russian Language course to give her a more reasonable motive for meeting Barrack Hussein Obama. She subsequently admits to her mother that he is the father, and Madelyn Dunham insists on a civil marriage to protect her daughter’s honor.

But as the months pass Madelyn cannot accept what she perceives as the shame that will occur when her grandchild is born, showing evident signs of an interracial marriage.

Stanley Ann also discovers that Barrack Hussein Obama has a first wife, and that her marriage to him in Hawaii is bigamous and invalid.

So mother and daughter plan to have the birth at home; and Stanley Ann stops seeing Obama Sr..

Barry is born Aug. 4, 1961.

A few days later Madelyn submits an at home birth form, with her own signature. Stanley Ann does not sign, because she refuses to swear to what her mother put on the form. Obama Sr. does not sign it either, because Madelyn won’t let him near the daughter, or have anything to do with the birth; let alone appear at an office with him.

Why? Because Marilyn is to submit an at-home birth form in which parents and child are declared to be WHITE.

This, in her mind, will save her and her daughter from the shame of giving birth to a mixed race child.

Upon receipt of the form, the Department of Health Registrar of Vital Records sends out a request for further corroborating information: signatures of father and mother, for example. But Madelyn has already had Stanley Ann sent to Washington State to study at college, so that she can get a degree and have the means to support the child. Neverthelss the birth annoucement is sent to the 2 Hawaiian newspapers, listing Aug. 4th, 1961, to Mr. & Mrs. Barack Hussein Obama. “Barack” and not “Barrack”, because Marilyn wouldn’t even pick up the phone to ask the father how to spell the name.

Neither Madelyn nor Stanley Ann ever take action further on this filing. It is classified as “filed” not “received” nor “accepted”.

Ramjet says: “She thus filed the birth registration after the (Nordyke) twins registration even though Obama was born before the twins. That would account for the out-of-order file numbers for Obama and the twins at first glance based simply on the dates of birth reported.”

Years later Barry Jr. finds this original filing document in a closet., along with his vaccination records and a newspaper article — this much he admits in Dreams of My Father. He has already been trained to hate the white race by Frank Marshal Davis (ibid., “I came to hate the white blood in my veins” ), so when he sees grandma’s filing he goes beserk, because it says that he is WHITE.

So sometime thereafter, he files an alteration request (Amendment is for adoptions only), and gets the AFRICAN race classification put on it, instead of the “white;” this is some time after “negro” is no longer used by the State of Hawaii to classify the predominate race of sub-saharan Africa.

But this filing is also not entirely accepted, because his father and mother are already dead.

So before granny conveniently dies, Obama Jr. tries to get her to give him an affidavit so that he can get his birth record accepted. He does get something, but HI still won’t “accept” it, because she is a third party.

So he is really in a fix, since he has no legal evidence of his birth, AND IN FACT CANNOT PROVE WHEN OR WHERE HE WAS BORN, LET ALONE HIS PARENTS IDENTITY.

On July 27, 2009, Obama was not verified as ‘Constitutionally Qualified to be U.S. President’ by the standards of Hawaii’s Department of Health and Vital Statistics Registrar. Any assertions by Nancy Pelosi or anyone else must be reexamined under the following LIGHT:
THE KEY: ‘FILED by Local Registrar’ vs. ‘ACCEPTED by State Registrar’

We have two statements about two sets of vital records belonging to the President issued from Hawaii. An “original birth certificate” that is “on record in accordance to state policies and procedures” in October, 2008, AND “original vital records” that are “maintained on file,” on July 27, 2009.

1.) Dr. Fukino, Director of the Department of Health on Oct. 31, 2008:

“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”

2.) Dr. Fukino, Director of the Department of Health on July 27, 2009:

“I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”

• We also have a COLB presented by President Obama that indicates the information shown has been ‘Filed by Registrar.’ Fig.1 (see below)

• However, we also have samples found online of HAWAII COLBs that say they have been ‘Accepted by State Registrar.’ Fig 2 & Fig 3 (see below)