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Originally posted by sdcigarpig
That is true, his father is a foreign born citizen, however, according to the constitution of the United States, only one of the parents, who is a citizen of the United States of America, is required for a child to be considered a citizen of the United States of America. This was further defined in the Title 8 of the US code.
Barak Obama is a citizen of the United States, it would not matter where he was born, or who his father is. The fact that his mother, at the time of his birth, was a Citizen of the United States of America, he is considered a citizen of the United States, no matter where he was born.
Persons born outside the jurisdiction of the United States are, therefore, naturalized US citizens, even if their citizenship was acquired at birth. Their citizenship was acquired by “the authority and in the form of law,” by “authority of Congress,” through one of the subsections of federal statute 8 USC 1401.
The Fourteenth Amendment of the Constitution (...) contemplates two sources of citizenship, and two only: birth and naturalization. Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.
By reading only that excerpt in Wong Kim Ark, and especially the first phrase, one could easily get the impression that a naturalized citizen could qualify as a natural-born citizen. Problem is that reading the opinion in Osborn, the phrase immediately after the excerpt quoted in Wong Kim Ark, which is not cited, Chief Justice Marshall added—
"A naturalized citizen," said Chief Justice Marshall, "becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the National Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the courts of the United States, precisely under the same circumstances under which a native might sue."
He [a naturalized citizen] is distinguishable in nothing from a native citizen except so far as the Constitution makes the distinction.
[H]e was born abroad. He was not born in the United States. He was not naturalized in the United States. And he has not been subject to the jurisdiction of the United States. All this being so, it seems indisputable that the first sentence of the Fourteenth Amendment has no application to plaintiff Bellei. He simply is not a "Fourteenth Amendment first sentence" citizen.
The Court concluded that "naturalization by descent" was not a common law concept, but was dependent, instead, upon statutory enactment.
Originally posted by whatukno
reply to post by apodictic
Unfortunately the birther debate has been going on since WELL before he was sworn in as POTUS, so, basically you are saying you were fine with him when he was sworn in as POTUS, but because you don't like him NOW, NOW you are questioning whether or not he's a citizen?
I call BULL [SNIP]
It's because he's black, and that's the bottom line. That's why people made up this birther stuff, notice no one cared much when McCain's birth was questioned? No one did. It was an issue for like 2 days, and it was settled. But Obama, oh that is a different story.
Originally posted by apodictic
Wait one more...you'll love this one
His grandmother has openly said he was born in Kenya. And his administration refused to come up with a birth certificate after SHE SAID THAT. It has nothing to do with him being black. It has to do with being eligible under US law to be a president. Finally he came up with a paper that shows proof that a birth certificate exists. But the actual birth certificate is yet to be seen.
Originally posted by UluaHuntah808
To make a very long story short. Hawaii is not properly a State of the union.
MCRAE: Could I ask her about his actual birthplace? I would like to see his birthplace when I come to Kenya in December. Was she present when he was born in Kenya?
OGOMBE: Yes. She says, yes, she was, she was present when Obama was born.
MCRAE: When I come in December. I would like to come by the place, the hospital, where he was born. Could you tell me where he was born? Was he born in Mombasa?
OGOMBE: No, Obama was not born in Mombasa. He was born in America.
MCRAE: Whereabouts was he born? I thought he was born in Kenya.
OGOMBE: No, he was born in America, not in Mombasa.
MCRAE: Do you know where he was born? I thought he was born in Kenya. I was going to go by and see where he was born.
OGOMBE: Hawaii. Hawaii. Sir, she says he was born in Hawaii. In the state of Hawaii, where his father was also learning, there. The state of Hawaii.