http://www.law.cornell.edu/uscode/8/1401.html

 

§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth: (A question that may come before the Supreme Court, is whether or not a citizen of the United States at Birth is a Natural Born Citizen or not.)

 

(a) a person born in the United States, and subject to the jurisdiction thereof;

 

That would cover Mr. Obama if he was born in Hawaii.

 

g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years[/B]-This has changed since Mr. Obama was born. It used to be:

 

(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years.

 

According to current section g of Title 8, 1401 in US Code, Mr. Obama could be born in Kenya to an alien(father) and citizen(mother) and be a US Citizen at Birth, if the citizen(mother) was physically present in the US for at least 5 years, and two of those after 14. From everything we know about Obamas mother, that is true. The law it replaced made a new challenge for the Citizenship at Birth for Mr. Obama. For this law, his mother would have had to be present in the US for at least 10 years, and at least 5 years after 14 years of age, for Citizenship at birth to be attained. This did not happen, as his mother was but 18 years old when Mr. Obama was born. If he were to be born in Kenya, he would not recive Citizenship at Birth, due to the fact his mother wasn't old engough.

 

A question of which law should be applicable comes into play. Is it the law that was valid at the time of his birth, or the law on the books now, that replaced that law?

 

Then add this into the fire: When Barack Obama Sr. came to the United States, he was married. From what I understand, that Marriage is valid in the United States. He never divorced before marrying Ann Dunham. The US does not recognize multiple marriages at the same time, so that marriage to her would not be a valid one. That means that Barack Obama II was a child born out of wedlock-and there is a place in US Code which covers children born out of wedlock.

 

http://www.law.cornell.edu/uscode/8/usc_sec_08_00001409----000-.html

 

© Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

 

All of these requirements would apply to Mr. Obama if he were to be born in Kenya. He would be a US Citizen at Birth.

 

HOWEVER, the question remains. Does being a citizen at Brith equate to being a Natural Born Citizen? Having read through some Supreme Court cases, and some very dry writings of English commonn law dealing with citizenship, I honestly cant give an answer. Some of the pertinant Supreme Court cases(US v. Wong Kim Ark) cite the English writings, so I tried to get a sense of what they said. The difference between Natural Born and citizen at Birth is not clear. It is my opinion that the Supreme Court, and only the Supreme Court will be able to solidify what this all means.

 

Hope I didn't ramble on too long.

http://www.law.cornell.edu/uscode/8/1401.html

 

§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth: (A question that may come before the Supreme Court, is whether or not a citizen of the United States at Birth is a Natural Born Citizen or not.)

 

(a) a person born in the United States, and subject to the jurisdiction thereof;

 

That would cover Mr. Obama if he was born in Hawaii.

 

g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years[/B]-This has changed since Mr. Obama was born. It used to be:

 

(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years.

 

According to current section g of Title 8, 1401 in US Code, Mr. Obama could be born in Kenya to an alien(father) and citizen(mother) and be a US Citizen at Birth, if the citizen(mother) was physically present in the US for at least 5 years, and two of those after 14. From everything we know about Obamas mother, that is true. The law it replaced made a new challenge for the Citizenship at Birth for Mr. Obama. For this law, his mother would have had to be present in the US for at least 10 years, and at least 5 years after 14 years of age, for Citizenship at birth to be attained. This did not happen, as his mother was but 18 years old when Mr. Obama was born. If he were to be born in Kenya, he would not recive Citizenship at Birth, due to the fact his mother wasn't old engough.

 

A question of which law should be applicable comes into play. Is it the law that was valid at the time of his birth, or the law on the books now, that replaced that law?

 

Then add this into the fire: When Barack Obama Sr. came to the United States, he was married. From what I understand, that Marriage is valid in the United States. He never divorced before marrying Ann Dunham. The US does not recognize multiple marriages at the same time, so that marriage to her would not be a valid one. That means that Barack Obama II was a child born out of wedlock-and there is a place in US Code which covers children born out of wedlock.

 

http://www.law.cornell.edu/uscode/8/usc_sec_08_00001409----000-.html

 

© Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

 

All of these requirements would apply to Mr. Obama if he were to be born in Kenya. He would be a US Citizen at Birth.

 

HOWEVER, the question remains. Does being a citizen at Brith equate to being a Natural Born Citizen? Having read through some Supreme Court cases, and some very dry writings of English commonn law dealing with citizenship, I honestly cant give an answer. Some of the pertinant Supreme Court cases(US v. Wong Kim Ark) cite the English writings, so I tried to get a sense of what they said. The difference between Natural Born and citizen at Birth is not clear. It is my opinion that the Supreme Court, and only the Supreme Court will be able to solidify what this all means.

 

Hope I didn't ramble on too long.

 

 

Good stuff cover corner. :thumb: Thanks for all the hard work YOU do, so we don't have to.

Good stuff cover corner. :thumb: Thanks for all the hard work YOU do, so we don't have to.

Honestly, it's been alot of fun, looking back and studying things like this. I had an opportunity to go to law school, but chose another route. My last semester at UK, I only needed one class to graduate, and took some graduate classes in Constitutional Law for fun. It was one of the best times I had in my educational life, and getting the opportunity to look back through some old class notes and cases, getting to learn it all over again, has been great. My wife thinks I'm a bit of a dork right now, but hey:D, I'm having some fun.