Revisiting a legal issue, and asking the same question that has yet to be answered.
One need not be labeled a "birther" or a bigoted right-wing zealot to interpret Constitutional Law. This is also done by well-educated scholars, academics, and plain old-fashion patriotic citizens. Labeling one a "birther" is both divisive and biased. The search for truth is usually considered by most to be noble cause. Those who would silence, invite tyranny.
Liberals need to learn the difference between an irrational rant, and a legitimate debate.
NOTE: This commentary is not to be confused with the "birthers" (conspiracy theorists) that Glenn Beck is referring to - - - it is just a simple examination of Constitutional and International law.
I am not personally denying the claim that Obama was born in Hawaii in 1961 (which became our 50th State on August 21, 1959) or disputing the legality of his birth certificate ...only his status as a Constitutionally defined "natural born citizen" (not as a legally defined "U.S. citizen").
Though, some still doubt that Obama was actually born in Hawaii...
WASHINGTON – California attorney Orly Taitz, who has filed a number of lawsuits demanding proof of Barack Obama's eligibility to serve as president, is disputing the legality of his birth certificate and has released a copy of what purports to be a Kenyan certification of birth and has filed a new motion in U.S. District Court for its authentication.
Regarding the actual questions concerning Obama's "eligibility issue". Take note that Obama could have, in fact, been born in Hawaii, but he would still have been, at birth, a British subject. Not a natural born U.S. citizen.
When Barack Obama Jr. was born on Aug. 4,1961 in Honolulu, Kenya was still a British colony, still part of the United Kingdom’s empire. As a Kenyan native, Obama's father (Barack Obama Sr.) was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children (including our President).
Obama held both U.S. and Kenyan citizenship as a child, and was said to have been adopted by his mother's second husband (Lolo Soetoro, an Indonesian citizen), and was also listed as an Indonesian citizen (as Barry Soetoro) in his early school records at the Fransiskus Assisi school in Jakarta. His religious affiliation was listed as Muslim (though for 20 years as an adult, Obama attended Jeremiah Wright's "Trinity United Church of Christ".)
See "Barack Obama AKA Barry Soetoro" (And read the guest comments)
http://tobuds.com/blogs/blog1.php/2009/09/04/barack-obama-aka-barry-soetoro
British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.
There's also the question as to whether Obama Senior was legally divorced from his previous wife.
See "President Obama's Father Left 3 Wives in Kenya"
http://tobuds.com/blogs/blog1.php/2009/09/15/president-obama-s-father-left-3-wives-in
In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC...Obama may have been a "U.S. citizen" but NOT a "natural born U.S. citizen".
Obama's British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that:
1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963...
2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
As a citizen of the UKC who was born in Kenya, Obama's father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama's father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963.
Since "Senator" Obama had neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship had automatically expired on his 23rd birthday in 1984 - - - when he was living in New York City.
See: "Obama's Early Years in New York Finally Revealed?"
http://tobuds.com/blogs/blog6.php/2009/09/22/obama-ayers-and-dohrn-the-early-years-in
In all case law, domestic and international, and as described by the U.S. Constitution (and all interpretations), the key to Obama's "eligibility issue" rests in the phrase "natural born Citizen", not simply a U.S. citizen.
Natural born Citizen Defined
1788 - June 21, the United States Constitution was ratified and it spells out clearly the qualifications for the office of President in Article 2, Section 1, Clause 5:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
Subjected to Interpretations:
"...born within the jurisdiction of the United States of PARENTS not owing allegiance to any foreign sovereignty (*such as KENYA) is, in the language of your Constitution itself, a natural born citizen."
"The natives, or natural-born citizens, are those born in the country, of PARENTS (plural) who are citizens."
"It is a principle of universal law, that the natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance of the former:"
"If a person owes their citizenship to some act of law (by naturalization for example) they cannot be considered a natural-born citizen."
"Under the laws of nature, every child born requires no act of law to establish the fact the child inherits through nature his/her FATHER'S citizenship as well as his name (or even his property) through birth. This law of nature is also recognized by law of nations."
"It is generally agreed that these constitutional provisions mean anyone born on American soil to PARENTS who are U.S. citizens is a “natural born citizen” eligible to someday become president or vice-president."
"The natives, or natural-born citizens, are those born in the country, of PARENTS who are citizens."
NOTE: What exactly was Obama's mission when he last visited Kenya? And who was the Congressman who accompanied him? And why was he there?
...and after ALL THOSE YEARS, Obama just decided to see some long lost relatives...
Related Links:
Obama is a Marxist
http://tobuds.com/blogs/blog1.php/2009/11/20/glenn-beck-obama-really-is-a-marxist
Obama's Occidental College Years
http://tobuds.com/blogs/blog1.php/2009/09/10/obama-s-occidental-college-years
Occidental recalls 'Barry' Obama
http://tobuds.com/blogs/blog1.php/2009/09/10/occidental-recalls-barry-obama
Obama: From College to President of U.S.
http://tobuds.com/blogs/blog1.php/2009/09/05/obama-from-college-to-president-of-u-s
Obama: Socialist or Savior?
http://tobuds.com/blogs/blog1.php/2009/07/20/obama-socialist-or-savior
Obama's Fundamental Transformation of America - Saul Alinsky, Cloward and Piven, progressives, SDS (Students for a Democratic Society), Bill Ayers, Socialism, Marxism, "Project Vote", ACORN, Barney Frank and Chuck Schumer, "Motor-Voter" law...
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