Dec. 24, 2009
The Post & E-Mail
THE FACTS, THE LAW, THE INESCAPABLE CONCLUSION
A Legal Analysis of Obama’s Citizenship status by Jane Menta
(Dec. 23, 2009) — According to the official British Consular Registry Stipulations, the British Nationality Act of 1948 and of 1981, Kenya Constitution, and the Kenya Independence Act of 1963 Barack Hussein Obama was born a British subject, and is a British Citizen to this day.
To ascertain this more exactly, I wrote to Claire McIntosh, who works in Nationality and Consular Registration Section, of the British Foreign & Commonwealth Office.
In her letter to me, of Dec. 11, 2009, she explained the laws applicable to Barack Hussein Obama’s birth:
“IF Barack Obama, Sr was born in Kenya Colony: President Obama born in Hawaii on August 4th, 1963, under The British Nationality Act of 1948, became a Section 5(1) Citizen of the United Kingdom and Colonies by virtue of his birth (born after 1 January 1949 outside UK and Colonies to a CUKC father). This entitlement is by descent and cannot be passed on;
On the provision of the Kenyan Independence Act 1963, which came into affect on 12 December 1963 President Obama became a Kenyan Citizen on that day as he was:
“…a) a person who
i) was a CUKC or British Protected Person immediately before independence; and
ii) was born in the former colony or protectorate; and
iii) had a parent born in the former colony or protectorate.
b) a person born outside Kenya who was a CUKC or a British protected person and whose father possessed (or would but for his death have possessed) the three qualifications listed in the bullet points above…””
Let’s take a journey down the Barack Hussein Obama, Jr., British Citizenship Timeline:
IN 1961 BARACK HUSSEIN OBAMA, JR., WAS BORN A BRITISH CITIZEN BY DESCENT
Let’s apply the The British Consular Registry’s criteria for classification as a British subject under the British Nationality Act of 1948 Section 5(1) of the United Kingdom and Colonies for one who would be qualified as a “British Citizen By Descent:”
Q. 1. Was Barrack Hussein Obama, Sr. born in Kenya Colony?
A. —Yes, Barrack Hussein Obama Sr. was born in Kenya Colony of the British Empire.
Q. 2. Was Barack Obama, Jr. born after 1 January, 1949?
A. —Yes, Barack Hussein Obama, Jr. says that he was born 4 August, 1961.
Ergo: Barack Hussein Obama was a “British Citizen by descent” on Aug. 4, 1961.
“Dear George (Washington), Strangest thing! We have a British Citizen as putative President!”
We know you fought a bloody war for American Independence against the British, and, but, well, umm….”
IN 1963 BARACK HUSSEIN OBAMA, JR., ALSO BECAME A CITIZEN OF KENYA
The Kenya Constitution (87) states that a person born of a father who becomes a Kenyan Citizen shall also become a Citizen of Kenya, and The Kenya Constitution (97) prohibits dual citizenship for adults but not so for children.
Q. 3. Did Barack Hussein Obama, Sr., become a Citizen of Kenya?
A. — Yes, Barack Hussein Obama, Sr. became a Citizen of Kenya, as did his son Barack Hussein Obama, Jr., on 12 December, 1963.
Barack Hussein Obama, Sr. also was a Senior Economist for the Kenyan Government.
IN 1963 BARACK HUSSEIN OBAMA, JR., REMAINED A BRITISH CITIZEN BY DESCENT EVEN WHEN HE BECAME A CITIZEN OF KENYA IN 1963
The Kenya Independence Act of 1963 Section 3(2) defines persons who retain citizenship of United Kingdom and Colonies although becoming citizens of Kenya if their parent was born in Kenya Colony:
Q. 4. Was Barack Hussein Obama, Sr. born in Kenya Colony?
A. — Yes, Barack Obama Sr. born in Kenya Colony of the British Empire. Further, Hussein Onyango Obama, Barack Obama, Jr.’s grandfather, was born in Kenya British Protectorate in 1895 and was a British Protected Person under British Nationality and Status Act 1914 by virtue of his birth in a Protectorate at his birth.
IN 1966 OR 1967 WAS BARACK HUSSEIN OBAMA, JR. ADOPTED BY LOLO SOETORO THUS ACQUIRING INDONESIAN CITIZENSHIP?
If Lolo Soetoro adopted Obama at age five or younger, Obama would automatically have become an Indonesian citizen per Indonesia’s laws in the 1960’s, which stipulated any child aged five or younger adopted by an Indonesian father is immediately granted Indonesian citizenship upon completion of the adoption process.
Q. 5. Was Obama, Jr. adopted by Lolo Soetoro at or before the age of 5? Was the adoption recognized by Indonesia?
A. — Unknown. If yes to both questions, he would have become an Indonesian citizen only while in Indonesia because Indonesian law then did not recognize dual citizenship, but U.S. law would still recognize Obama as an American citizen (but not a natural born citizen). If no to either question, then Obama, Jr.’s citizenship while living in Indonesia would have been whatever it had been prior. An Indonesian public school did recognize “Barry” as an Indonesian Citizen.
ON Aug. 4, 1979 Did BARACK HUSSEIN OBAMA, JR. REVOKE HIS BRITISH CITIZENSHIP?
To give up British Citizenship, a person must be age 18 and of sound mind and must fill out a declaration on form RN.
Q. 6. Did Barack Hussein Obama, Jr., after the age of 18 and of sound mind fill out a declaration to revoke his British Citizenship?
A. — There is no record or statement to the effect that Barack Hussein Obama, Jr. ever revoked his British Citizenship at any time at or after the age of 18. Therefore in law, we must presume he has not.
ON AUG. 4, 1982 DID BARACK HUSSEIN OBAMA, JR.’s KENYAN CITIZENSHIP EXPIRE?
To keep Kenyan Citizenship from expiring after the age of 21, a person must swear an oath of allegiance to Kenya and revoke all other citizenships (Kenya does not recognize dual citizenship for adults), between the ages of 21-23.
Q. 7. Did Barack Hussein Obama, Jr., swear an oath of allegiance to Kenya between the ages of 21 to 23?
A. — Unknown. Obama states on factcheck.org and fightthesmears.com that he never swore an oath of allegiance to Kenya. However, Obama did visit Kenya in 1982 at the age of 21, after his father died. During such a visit he could have sworn such an oath.
IN 1983 BARACK HUSSEIN OBAMA, JR., A BRITISH-CITIZEN-BY-DESCENT, BECAME A “BRITISH OVERSEAS CITIZEN” (BOC) AND REMAINS SUCH TO THIS DAY
Hussein Obama, Jr. became a “British Overseas Citizen” under the British Nationality Act of 1981.
Q. 8. Was Barack Hussein Obama, Jr., prior to 1983, a British Citizen by Descent?
A. — Yes, Barack Obama, Jr. was a British Citizen by Descent and thus became a British Overseas Citizen in 1983.
Obviously, a “Natural Born” U.S. Citizen Means Born In-Country to Two US Citizen Parents !
According to Article II of the Constitution, only a “Natural Born Citizen” of the US is eligible for the presidency. Since a Natural Born Citizen, being born in-country to two US citizen parents, obviously cannot possibly have any other allegiances or citizenship ties to any other country than the USA by birthplace or by blood, this is why the term requires no statutory definition or laws. For indeed, a Natural Born Citizen, is naturally a born Citizen, not artificially constructed through statute. Article II specifically precludes statutory born Citizens as being eligible for the presidency. The reason for this is that in every case, a statutory born Citizen has some other ties to another nation whether by birthplace or by blood. In the case of Barack Hussein Obama, Jr., in no variation of birthplace, statutory US citizenship by birth, adoption, or oath of citizenship circumstance can he ever be a Natural Born Citizen, nor can he ever be considered lawfully eligible for the presidency of these United States.
9. Dreams from My Father, p. 376, Dreams from My Father, pp. 425-426