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If Obama's mother was born in the U S doesn't that make her children "natural born citizens" regardless of....?

...where they were born?

17 Answers

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  • 1 decade ago
    Favorite Answer

    STOP. Their eyes are rolling back into their heads because you are making to much sense.

    Source(s): liiffee
  • 1 decade ago

    No.

    You are confusing Jus Soli and Jus Sanguinis

    Jus Soli is citizenship by "soil"

    Jus Sanguinis is citizenship by "blood"

    In the first case, all who are born within the territory of a nation-state is a citizen, irrespective if the mother and father are foreigners and were just "passing though" the nation

    In the second case, all who are born to a mother who is a citizen are a citizen irrespective if where they are born

    The, US, for the most part, uses a Jus Soli system. Although there are some elements of Jus Sanguinis, for the most part, you have to be born on US soil to be a full fledged US citizen

  • Mark T
    Lv 7
    1 decade ago

    Given that fact alone, it should have been obvious that Mr. Obama could have been born on the Moon, and basically he would still be American by birth, your country of birth DOES matter, but so does residency and in this case, even if he were born in Kenya or Indonesia or where ever, that his mother was a US citizen and he had primary residency through his childhood, in Hawaii (a US territory and state), means that , he's a citizen.

    I refer you to the Hawaii Dept. of Health , via Snopes.com

    http://msgboard.snopes.com/politics/graphics/birth...

    as well as the two local papers which record Mr. Obama's birth in Honolulu, Hawaii , August 4, 1961, with about as much fanfare as everyone else.

    http://whatreallyhappened.com/WRHARTICLES/obamabir...

    Here's the general Snopes article

    http://www.snopes.com/politics/obama/birthcertific...

    As far as the "technicalities" of natural born or native born, simply put certainly the founders viewed the matter quite clearly.

    According to the constitution the following citizens - are not - technically eligible to be president.

    - George Washington

    - John Adams

    - Thomas Jefferson

    - James Madison

    - James Monroe

    - John Quincy Adams

    - Andrew Jackson

    - William Henry Harrison

    Chester A. Arthur was in fact born a British subject after the establishment of the United States and managed to not destroy the country upon being elected to office.

    HOWEVER, Let's consider the alternative - John Mc Cain - who would have been the Republican candidate - who similarly was also not born in the United States, but was born in Panama, technically the Panama Canal Zone , which was an unincorporated military protectorate but not US territory.

    I'm certain, that had Mr. Mc Cain won the election, this arcana would have not managed to get fluffed up to this ridiculous level.

    So it would appear that in the end , the voters could have certainly selected Ms. Clinton, or Mr. Romney but they didn't.

    And if anyone of the 300,000,000 + fellow citizens of the United States was _really_ so very concerned about it - I'm sure someone would have sued him for malfeasance or ineligibility to the office, so please - sue away, and let the legal system work.

  • ?
    Lv 7
    1 decade ago

    You are confusing natural born citizens with naturalized citizens. I was born outside the U.S. and became naturalized automatically because my mother went through the naturalization process and I was a minor at the time. Why does anyone question Mr. Obama's birth place at all? No one ever questioned other presidents' birth places. John McCain was born outside the continental U.S.

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  • Anonymous
    1 decade ago

    OK, here we go...

    Senator Bingham, who is known as the father of the 14th amendment said while speaking about the rights of citizens in the U.S. House of Representatives on March 6, 1866 the following:

    "[I] find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…. . . "

    - John Bingham in the United States House on March 9, 1866 (Cong. Globe, 39th, 1st Sess., 1291 (1866)) http://memory.loc.gov/cgi-bin/ampage?collId=llcg&f...

    Note that he said "of parents not owing allegiance to any foreign sovereignty." Obama's father was a Kenyan national and a British subject. He was never an American citizen. He owed allegiance to a foreign sovereignty.

    The Supreme Court has consistently used as a definition of "natural born citizen" that it is a person born on US soil to two US citizen parents.

    Minor v. Happersett http://www.law.cornell.edu/supct/html/historics/US...

    Perkins v. Elg http://caselaw.lp.findlaw.com/scripts/getcase.pl?c...

    Kwock Jan Fat V. White http://supreme.justia.com/us/253/454/case.html

    Here's what Factcheck had to say about it:

    "In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC."

    http://www.factcheck.org/askfactcheck/does_barack_...

    A "native citizen" is a person born on US soil, without regard to the parent's citizenship. On Obama's "Fight the Smears" website, he says that he is a native citizen. http://fightthesmears.com/articles/5/birthcertific... Obama is a native citizen, but because his father was not a US citizen, he is not a "natural born citizen".

    The "Fight the Smears" site also quotes Factcheck saying:

    ********

    “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.

    ********

    I doubt that the founders would have considered someone whose citizenship status was governed by the British Nationality Act to be eligible for the Presidency.

    At Birth, Barack Obama had dual citizenship, British/Kenyan and American.

    Simply put, Obama isn't a "natural-born citizen" and isn't constitutionally qualified to be President.

  • Anonymous
    1 decade ago

    To be Natural Born both parents have to be American Citizens born in the USA. Obama's father was Kenyan therefore he is not a natural Born Citizen.

    First Congress. Sess. II. Ch. 4. 1790

    The children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.

    A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

    http://rs6.loc.gov/cgi-bin/ampage?collId=llsl&file...

    A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child).

    "Obama was born before 1986 to married parents, and his father was an alien, thus if it were an overseas birth, his mother would have to have lived in the U.S. for 5 years after age 14 in order for her child to be a natural-born American. Mrs. Obama was only 18 when Barack was born, so she had not even lived 5 years after age 14.

    Hope that clarifies it for you.

  • Anonymous
    1 decade ago

    No. Natural born has to do with where the child was born, not the mother.

  • molkey
    Lv 7
    1 decade ago

    No natural born citizens have to be born on American soil,

    Example ; American Air base over seas is considered American soil

  • 1 decade ago

    No one would do anything about it even if conclusive proof was presented proving Obama ineligible to be President. The whole "birther" movement was started by a Hillary supporter anyway.

    "Pennsylvania's former deputy attorney general and Sen. Hillary Rodham Clinton supporter Philip J. Berg has filed a lawsuit in federal court in Pennsylvania accusing presumptive Democratic presidential candidate Sen. Barack Obama of lying about his U.S. citizenship, which would make him ineligible to be president. "

  • 1 decade ago

    NO, not when the daddy is not an American citizen and he was born outside of America and any of it's jurisdictions!!

    And before any one says anything about John S. McCain, his parents were American citizens and his father was in the service of his country!!!

  • ?
    Lv 4
    1 decade ago

    were is your proof that she was born in America?

    wow I get thumbs down just for asking for sources of proof

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