Do you know there is a difference between a "natural born citizen" and a native or a naturalized one?
These differences do exist and where President Obama falls in those categories is what some people are trying to find out.
- Anonymous1 decade agoFavorite Answer
A 'citizen' can be a naturalized US citizen by immigrating to the US and applying for citizenship, a native-born citizen by just being born in the US, or a citizen by descent by being born to a US citizen parent.
A "natural-born citizen" is someone who was born to two US citizen parents on US soil.
Rep. John Bingham of Ohio, chief architect of the 14th Amendment's first section, considered the proposed national law (The Civil Rights Act of 1866) on citizenship as “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…” (Congressional Globe, 39th congress, 1st session, March 9, 1866) http://memory.loc.gov/cgi-bin/ampage?collId=llcg&f...
"Not owing allegiance to any foreign sovereignty" is the key phrase here. Both parents had to be US citizens, neither could be non-US citizen because then they would owe allegiance to a foreign sovereignty.
The Supreme Court case of PERKINS v. ELG (1939) defined a natural born citizen as a person who was born on US soil to two US citizen parents.It defined it in two places; once by declaring Ms. Elg a "natural born citizen" (she was born to two Swedish immigrant naturalized US citizen parents on US soil) and once by citing the Steinkauler case, in which a young man was born on US soil to two naturalized US citizen parents and said of him "in due time, if the people elect, he can become President of the United States"
See PERKINS V. ELG - http://caselaw.lp.findlaw.com/scripts/getcase.pl?c...
It was also defined in MINOR v. HAPPERSETT (1874) http://caselaw.lp.findlaw.com/scripts/getcase.pl?c... where the court said "At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens ..."
In the Supreme Court case of Kwock Jan Fat v. White, 253 U.S. 454 (1920) The father of Kwock Jan Fat was a native-born US citizen, born on US soil of Chinese nationals. The mother of Kwock Jan Fat was a naturalized US citizen by virtue of her marriage to a US citizen. http://supreme.justia.com/us/253/454/case.html
Kwock Jan Fat was Born of two US citizens on US soil and thus a "natural born citizen."
To be eligible to serve as the President of the United States, the person must be a 'natural born citizen' (or a citizen at the time of the adoption of the constitution) per Article 2 Section 1 of the US Constitution. http://www.law.cornell.edu/constitution/constituti...
Barack Obama's father was not an immigrant to the US. He was in the US on a student visa and was a British/Kenyan citizen. He never had "legal resident" status and he never applied for US citizenship.
Congress has tried to expand the definition of "natural born citizen" in the past, with S. 2128 [108th]: Natural Born Citizen Act. This bill never made it past the Committee on the Judiciary because it was an attempt to change the Constitution with legislation instead of by amendment.
There would have been no need to expand the definition this way if any person born in the United States or any person born to one US citizen parent was already considered a "natural born citizen" according to the Constitution.
Obama isn't a Constitutionally legal President.
- 4 years ago
According to Dept. of State regulations, a child born to a US Citizen mother and/or father, is a US Citizen AT BIRTH (as long as the mother or father have met certain residency in the US requirements). That would make the child natural born as opposed to naturalized. Unless (just a little humor here) they consider natural born as a vaginal birth and a cesarean section birth not being natural-born, then there would be a whole other problem not even remotely related to citizenship/right to serve as President. State Dept. Embassies and Consulates provide the US passports to the thousands of babies born to US citizen missionaries, teachers, military, US Gov't, vacationers, students, contractors, etc. etc. etc. every year.
- jimulikLv 41 decade ago
Of course,a natural born citizen and a native are one in the same.
A naturalized citizen is a person who was born in another country
and legally immigrated to this country and subsequently became
- Anonymous1 decade ago
All Canadians can get a citizenship card --- but those born here have a dull black and white picture -- and yet those born elsewhere have a full blown digital colour photo on theirs
You mean sort of like that?
And your trying to find out if Obama has a black and white picture or a high quality colour picture ?
And if it is a colour picture --- you say he can't be President.... right?
Have I understood your meaning?
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- The First DragonLv 71 decade ago
Obama was clearly born of a US mother. This is enough to make him a natural born citizen. Further, he was born on US soil.
Arnold Schwarzenegger, governor of California, is a naturalized citizen.
- BubuhLv 51 decade ago
No, people have figured it out. Others are trying to find any slightest crack to get their "Obama not citizen" claim in. Theres difference between legitimate court case and those so weak judge will just throw out. Its one of those weak case.
- Anna PLv 71 decade ago
Well, he was born in the US and he had a mother who was a US citizen. Case closed.
- Diane (PFLAG)Lv 71 decade ago
Yes I am aware there is a difference...
I am also aware that the issue of Obama's status was put to bed months ago..
You can beat a dead horse as long as you want it still isn't going to place in the derby....
- Anonymous1 decade ago
I'M sure that if you microscopically canabalize the constitution in order to fit your argument on Obama being a legal president of course you can come up withwhy he isn't.A good analogy is how neo natzi's in this country disect the bible to justify hate & murder.Source(s): history
- Anonymous1 decade ago
if course we know - so does the giovernment. And they already APPROVED his status or he would NEVER have been allowed to become the presdient.
I guess you thing that your government is STUPID, right?
You certainly are, if you havent figured all this out already.
Please get a life and find someone else to moon over.