|The question that the court must decide is whether a person governed by the laws of Great Britain at the time of their birth could be considered a natural “born citizen” of the United States as required by Article 2 Section 1 Clause 5 of the United States Constitution.
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.
The question remains unanswered in any United States court.
|The Obama File Position|
|The Obama File takes the position that the US Constitution, applicable case law, and US Code recognizes four classes, or types, or citizenship:
1. “Natural born” citizen
2. “Native-born” citizen
3. “Foreign born” citizen
4. “Naturalized” citizen
All four are “citizens” of the United States of America.
1. A “natural born” citizen is any person born of US citizen parents (that’s two) on US soil — parentage important AND birthplace important — think Ronald Reagan.
2. A “native-born” citizen is any person born on US Soil. One or both of the parents may be foreign nationals — parentage not important AND birthplace important — think Barack Obama.
3. A “foreign born” citizen is any person born of US citizen parents (that’s two) on foreign soil — parentage important AND birthplace not important — think John McCain.
4. A “naturalized” citizen is a citizen as the result of a process — parentage not important AND birthplace not important — think Arnold Schwarzenegger.
The controversy arises then because of the distinction between “natural born,” “native-born,” and “foreign-born.” Everybody accepts that a “naturalized” citizen is not eligible.
At any rate, The Obama File supports the contention that only a case 1, “natural born” citizen of the United States is eligible to serve as President of the United States of America and its Commander-in-Chief.
This page presents copious documentation supporting this position.
I have just become aware of the “foreign” type of citizenship and am waiting from feedback from legal counsel to update the following chart — 2/4/2010.
|People are confused because they don’t understand the meaning of the relevant legal terms. This chart shows the elements for each of the constitutional terms that are used in the Constitution or in caselaw by the Supreme Court.
For each presidential candidate, they can put the factual history of their birth in the equation and see if they fit the bill to be president of the U.S. under the Constitution of the United States of America, Article II, Section 1, Clause 5, and the 14th Amendment, Section 1, and the relevant federal law under U.S. v. Wong Kim Ark, 169 U.S. 649 (1898), and Perkins v. Elg, 307 U.S. 325 (1939). As you can clearly see, Obama is a citizen of the United States, but he’s not a “natural born citizen” of the United States, and, as such, is not eligible for POTUS, because his father, a Kenyan, was not a U. S. citizen.
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I have just become aware of the “foreign” type of citizenship and am doing the research to update this chart — 1/29/2010.
The graphic above demonstrates the distinction between George Bush, a “natural born” citizen and Barack Obama, a “native-born” citizen.”
The child in the left graphic is a “natural born” citizen because he or she was born in the United States of America (jus soli) and both parents are citizens (jus sanguinis). The child meets both tests.
The child in the right graphic is a “native-born” citizen because he or she was born in the United States of America and both parents are not citizens. The child meets only one test.
|…is not a “natural born” citizen because his father was a Kenyan national and a British subject, as was Obama, “at birth.” The Obama Campaign describes Barack Obama Sr. as, “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,” on it’s website.
…is a “native-born” citizen because his mother was an American and he was born in Hawaii. The Obama Campaign describes Barack Obama as a “native-born citizen” on it’s website.
…is a “citizen” because his mother was an American and he was born in Hawaii — assuming he was born in Hawaii. If Obama was not born in Hawaii, all bets are off.
See: Right there on Obama’s own website, where it says, “The Truth About Barack’s Birth Certificate” — “The truth is, Barack Obama was born in the state of Hawaii in 1961, a “native citizen of the United States of America.”
If you cursor down the page, Obama’s citizenship status is described:
“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, 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.
|John Jay — The First Chief Justice Of The U.S. Supreme Court|
|The term natural born citizen was first codified in writing in colonial reference books in 1758 in the legal reference book “Law of Nations.”
That legal reference book was used by John Jay, who later went on to become the first Chief Justice of the U.S. Supreme Court. Jay had the clause inserted into the Constitution via a letter he wrote to George Washington, the leader of the Constitutional Convention. Jay was considered the outstanding legal scholar of his time and he was the one is responsible for inserting that term into the U. S. Constitution, which was derived from the Law of Nations.
John Jay wrote: “Permit me to hint, whether it would be wise and reasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.”