Saturday, September 19, 2009

Is Obama a Natural Born Citizen?

After further research, as currently interpreted, Barack Obama is a natural born citizen of the United States. The Supreme Court refused to take up the issue meaning that they let the current interpretation stand. Had they found error in the current interpretation, the Supreme Court would have taken the case.

Both sides have arguments that support their case for what is a "natural born" citizen, but under current convention, a natural born citizen is a person born in the United States or a territory thereof. Regardless there are more ways to show that Obama is a natural born citizen.

The United States has always had two principles that determine if a person is born a citizen of the United States.
… the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli (right of birthplace) and jus sanguinis (right of blood). From the office of Citizenship and Immigration Services
he term jus sanguinis describes a person born of parents who are citizens and jus soli describes a person born in the country. Persons who are born only under the principle of jus sanguinis are called a “consanguineously born citizens,” and their claim of citizenship is based on inheritance. . On the other hand persons who claims their citizenship based solely on the principle of jus soli are called “native born citizens” and these persons’ claims are based on the geographical location of their birth. Both principles are equal in making one a born citizen. Being a born citizen extends to them one particular immunity not given to naturalized citizens, in that born citizens are immune from involuntarily renouncing their citizenship. A naturalized citizen can have his citizenship revoked for several reasons, but under current law, born citizens must walk into a US Embassy abroad and in front of the Consul renounce their citizenship.
I take the above quotes from The Birthers website which disagrees with me to make a point. First, Obama is defined as a native born citizen by the Birthers, meaning that he cannot have his US citizenship revoked, or lose it by involuntary means, he MUST renounce his citizenship in front of an Consul in an US embassy to lose his citizenship, he can't lose it by any other means.

Secondly, Barack Obama does qualify under the definition of natural born the Birthers uses. Barack's mother was an US citizen, that gives Barack US citizenship by jus sanguinis (blood). All it takes is one parent to be an US citizen to automatically give you US citizenship regardless of where you are born. Marriage does matter as well as residency periods, however it seems that Obama's mother did qualify.
Section 309 of the INA [8 USC § 1409] grants US citizenship at birth to an "illegitimate" child if his/her American mother had previously spent at least one continuous full year in the US.
So if Obama was born on US soil in Hawaii, then he would have a claim to citizenship on both principles of jus soli (right of birthplace) and jus sanguinis (right of blood). That would clearly make him a natural born citizen by even the standards of the Birthers and all dissenters. Furthermore, whatever he or his parents did in scamming/getting an Indonesian passport or whatever, Barrack cannot lose his US citizenship without renouncing it in front of a consul inside an US embassy. Doesn't matter how much he lies about his citizenship to gain college funding, he has to renounce it formally.

I hope I've shown logically that Obama does qualify as long as he was born on US soil, and there's no proof that he wasn't. If that's your only hope, I would abandon that hope immediately. The FBI is supposed to vet any candidate for presidency, maybe it's too much for me to assume, but I assume they checked the long form birth certificate and would have said something if the certificate shows anything other than US soil for Obama's birthplace. We can be almost certain that Obama was born on US soil. Why? Because people have seen it and the form WILL BE released sooner or later. I don't think the people would be this sanguine if they knew that in 20 years or so, the country would find out that they deceived the nation and violated the Constitution. So why doesn't Obama release the long form? Because this makes opponents look stupid and why take away the rope if your enemies are hanging themselves? He's going to give you guys all the rope you want.

No comments: