- Son of Truth of Self by Chef JeM
- Obama Admits He Was A British Citizen "At Birth" by Chef JeM 13 y
- Re: Obama Admits He Was A British Citizen "At Birth" by rudenski 13 y
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- your argument is not relevant to current U.S. law by Liora Leah 13 y
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U.S. Citizenship as deemed eligible to be President of the U.S. depends on the circumstances of the citizenship status of the parents, and/or where the birth actually took place.
Obama Sr. was a British citizen/then Kenyan citizen--this is irrelevant in the case of Obama Jr. The United States does not go by the laws of other countries. Britain (followed by Kenya) could claim the child as a citizen under THEIR laws, but because Obama Jr. was born in the United States (Hawaii), under U.S. law, he is automatically a U.S. citizen. In this case, the citizenship status of his parents doesn't even matter--his parents could have been "resident aliens" or even "illegal aliens" and he would still be an automatic U.S. citizen at birth and eligible to be President because he was born in U.S. territory.
(In Obama Jr.'s case, his MOTHER was a U.S. citizen when he was born; she lived in the United States for at least 5 years. One can even make the argument that IF Obama Jr. had been born outside of U.S. territory, he would STILL have been given automatic U.S. citizenship at birth and been eligible to be President because of his MOTHER'S citizenship status. Again, his father's citizenship status would be irrelevant. Again, this is according to U.S. law, not based on British/Kenyan law.)
To be President, not only must you be a citizen, but you must also be natural-born.
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.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"
--ANYONE BORN INSIDE THE UNITED STATES (emphasis mine--end of argument re: Obama Jr.--read on if you want more interesting information)
--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.
*****Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.*****
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