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Tag Archives | citizenship law

Obama, a foundling?

I was intrigued by a comment left at the Illinois State Journal Register by someone under the name GenieMan. What is the citizenship of a baby that just turns up on the hospital steps, whose mother and father is unknown? The answer is determined by federal statute (US Code Title 8 § 1401). GenieMan invokes this law to counter any uncertainty about Barack Obama’s citizenship. He wrote [excerpt]:

According to federal law (because the US Constitution does not specifically define it), ‘natural born citizen’ can even mean:

‘(f) 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;’

It is undeniable that before the age of 5, Barak Obama was living in Hawaii, and before the age of 21, no proof was produced suggesting he was born outside the US – hence, by this provision alone, he is considered a natural born US citizen.

It is a novel approach, although I doubt one of any legal significance. Nevertheless, it illuminates the silliness of trying to rewrite the history of Barack Obama’s birth this late in his life. At some point, there has to be some finality.

Supreme Court Justice Ginsburg rejects de Vattel formulation

 

Justice Ginsburg

Justice Ginsburg

Jus soli citizenship is based on the land of birth and jus sanguinis is citizenship based on parentage. In the oral arguments of Tuan Anh Nguyen v. INS  (No. 99-2071), Justice Ginsburg made it clear that her view is that natural born citizenship can be conveyed by parentage alone and doesn’t necessarily require birth in the United States. She rejected the formulation of de Vattel, in The Law of Nations,  that birth in the country  of citizen parents is necessary for naturels.

Here is the relevant section from the transcript:

Justice Ginsburg: …My grandson was born in Paris of U.S. citizen parents. I had never considered him a naturalized citizen of the United States….

Justice Ginsburg: There is a debate over whether my grandson is a natural born citizen. I think he is.

Listening to the transcript points out how detached from reality are the denialist lawyers like Apuzzo and Donofrio, trying to rewrite American history and citizenship law.

When will the Birthers be happy?

Once again, we read a long discussion, with a rational-sounding style, laying out the facts, so it appears, about citizenship in the United States. Is it reasonable and is it true?

Our guest commentator has doubts, and responds to When will the Birthers be happy?


ARTICLE SAYS: World Net Daily, has actively covered many of these issues relating to Obama’s eligibil[i]ty over the last 8 months and have a collection of all eligib[i]lity related articles. See http://bit.ly/147bkD

RESPONSE: Interesting to note that, before the issue seemed such a potential publicity boon, WND reported that its own experts determined the COLB to be authentic:

“OBAMA’S CERTIFICATION OF LIVE BIRTH UTILIZING FORGERY EXPERTS ALSO FOUND THE DOCUMENT TO BE AUTHENTIC. The investigation also revealed methods used by some of the bloggers to determine the document was fake involved forgeries, in that a few bloggers added text and images to the certificate scan that weren’t originally there.”

WND also reported that the claims that Obama lost any hypothetical American citizenship he had as a child is not supported by US citizenship law:

“In short, the suit claims Obama was not born an American citizen; lost any hypothetical American citizenship he had as a child [ITALICS IN ORIGINAL(Editor's note: This point is not supported by U.S. citizenship law)END ITALICS]; may not now be an American citizen and even if he is, may hold dual citizenships with other countries. ….

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Hollister v. Indonesian Citizenship Law

Philip Berg

Philip Berg

Some lawsuits filed with the intent of proving Barack Obama ineligible to be president make arguments that Barack Obama’s 4 years in Indonesia somehow erased his American citizenship.

In Philip Berg’s case, Hollister v Soetoro, we see some Indonesian laws cited. These are not as easy to find as a corresponding US law would be, but your diligent Obama Conspiracy Theorist has come up with them. Continue Reading →

The Great Mother of All Natural Born Citizen Quotation Pages

Partial lists don’t carry the full impact of citations scattered here and there. This project is to collect everything accessible and to the point into one place If it takes much context or argument, a brief reference and a link is included. I promise you that the quotations will mean the same thing when you read them here than they mean if you read the larger context, and the larger context will be linked to the text. No tricks, no deception.

For additional citations, see The “Natural Born Citizenship” Clause (Updated) to whom this article is indebted for some of these citations. And for EVEN MORE citations see SCOTUS & “Natural Born Citizen” – A Compendium, Books on Google that define “Natural Born Citizen” and History of US citizenship laws.

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To David Crockett

Some of the folks who comment here frequently mention articles from The Betrayal Blog so I have the chance to follow at least the subjects there even if I don’t get to visit as much as I might like. This blog is a one-man show and takes up most of my free time. Obama doesn’t pay me enough to quit my day job [JUST JOKING!].

Anyway, I was musing today about how truly different the world view is here than at The Betrayal. Continue Reading →