My research indicates the term ‘natural born citizen’s’ definition has been a legal issue since the late 1700s.
President Obama MAY NOT meet the criteria for “Statute, by birth within U.S.” citizenship, however if his mother and he meet the criteria for
citizenship under “Statute, by Parentage” then he is eligible for citizenship, but this does not absolutely confer to him "natural born', so
please see the following information per:
Statute, by birth within U.S.
As of 2011, United States Federal law (8 U.S.C. § 1401) defines who is a United States citizen from birth. According to that law, the following
acquire citizenship at birth:
Statute by birth
• "a person born in the United States, and subject to the jurisdiction thereof"
• "a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe" (see Indian Citizenship Act of
• "a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of
twenty-one years, not to have been born in the United States"
• "a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically
present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person"
Statute, by parentage
Under certain circumstances, children may acquire U.S. citizenship from their parents. The following conditions affect children born outside the U.S.
and its outlying possessions to married parents (special conditions affect children born out of wedlock: see below):
• If both parents are U.S. citizens, the child is a citizen if either of the parents has ever legally resided in the U.S. prior to the child's
• If one parent is a U.S. citizen and the other parent is a U.S. national, the child is a citizen if the U.S. citizen parent has lived in the U.S.
for a continuous period of at least one year prior to the child's birth
• If one parent is a U.S. citizen and the other parent is not, the child is a citizen if
o the U.S. citizen parent has been "physically present" in the U.S. before the child's birth for a total period of at least five years, and
o at least two of those five years were after the U.S. citizen parent's fourteenth birthday.
However, The US Constitution does not definitively define the phrase “natural-born citizen”, and various opinions have been offered over time
regarding its precise meaning.
Recently, 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.
The natural-born-citizen clause has been mentioned in passing in several decisions by SCOTUS and some lower courts dealing with the question of
eligibility for citizenship “by birth”, but the Supreme Court has never directly addressed the question of a specific presidential or
vice-presidential candidate's eligibility as a “natural-born citizen”.
If I was in the same situation as The President currently is, I would want to put this matter to rest once and for all, otherwise history will haunt
he and his relatives forever more.
The President could end all this and pre-empt further investigation by any sources by simply, asking thru his Presidential position that the original
records be released and examined by an independent forensic research team, and upon being proven ‘real’ ask the documents be placed in the Library
of Congress available for inspection by any interested person.
If however, and I doubt it, intentional fraud was involved then it is game over and what a mess.
edit on 1-3-2012 by OldCurmudgeon because: To correct a huge error in my post...