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.
In a move certain to fuel the debate over Obama’s qualifications for the presidency, the group “Americans for Freedom of Information” has Released copies of President Obama’s college transcripts from Occidental College … Released today, the transcript school indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate. The transcript was released by Occidental College in compliance with a court order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship program.. To qualify, for the scholarship, a student must claim foreign citizenship..
Originally posted by getreadyalready
I agree, I think he meets the US Code for "Natural Born" citizen, but that all goes out the window if it can be proved he identified himself as a foreign national student for college.
Originally posted by GeorgiaGirl
Originally posted by jacklondonmiller
These backwoods idiots are simply amazing, as big government as they come,
they get to determine who people can vote for, two men make that decision for
the whole state of people.
Or,....perhaps somthing called the Constitution tells us who is eligible to run for president, and finally someone has looked at the definition of "natural born citizen"...
Originally posted by candcantiques
Natural born being defined as BOTH parents are american citizens at the time of his birth.
he Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning. The Congressional Research Service has stated that the weight of scholarly legal and historical opinion indicates that the term means one who is entitled under the Constitution or laws of the United States to U.S. citizenship "at birth" or "by birth," including any child born "in" the United States (other than to foreign diplomats serving their country), the children of United States citizens born abroad, and those born abroad of one citizen parent who has met U.S. residency requirements.
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;
In addition, British legal experts agree that Obama may well be a British citizen. According to author John Charlton in a British legal analysis, he says "The Presumption is that Obama did not revoke his British Citizenship on Aug. 4, 1979....and, according to the British Home Office, U.K. Border Agency, to renounce British Citizenship, one must be at least 18 years of age and fill out a declaration, using form RN." Charlton goes on to say, "Therefore, upon reaching the age of 18, on Aug. 4, 1979, Obama could have revoked his citizenship. However, the British Government has never affirmed that he has. Therefore in law we must presume that he has not, if his birth story is true."
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; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance, is not and shall not be a citizen of the United States. Citizenship is his birthright and neither the Congress nor the States can justly or lawfully take it from him.
A MESSAGE FROM CARL SWENSSON...
To all my friends in battle,
The Judge pulled the lawyers for the three cases into chambers before it all began and advised them that he would be issuing a default judgment in our favor, since the Defense council failed to show, and wanted to end it there. We argued that all the evidence needed to be entered in to record so the Judge allowed for a speedy hearing where all evidence was entered into the court record. What that means is this… Any appeal, if one is even possible, would be based on the evidence provided by the lawyers in each case. Both Van Irion and My lawyer, Mark Hatfield made certain that our cases and evidence in those two cases would be closed so as not to be affiliated, in any way, with “Birther” Orly Taitz. As expected, she was an embarrassment.
Now we’re merely awaiting the publishing of this Judge’s ruling which, as previously stated, will be a Default Judgment.
In other words…we won. Now it’s time for the rest of the States to take my lead and duplicate this effort.