Even if Obama was born in Kenya he's still a US citizen, right?
According to the law, a baby born outside the country to one parent who is both a US citizen and has spent at least 2 years in the US since age 14 is considered a US citizen. Obama's mom certainly meets that standard. So what's the big deal by conspiracy nuts? Even if he was born in Kenya like they claim, that doesn't matter for his citizenship, or am I missing something?
- Anonymous1 decade agoFavorite Answer
The President has to be a "natural born citizen".
There is a difference between a 'citizen' and a 'natural born citizen'.
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 a 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.
Even if Obama was born in Hawaii, he isn't a "natural born citizen" and isn't a Constitutionally legal President.
- wendy cLv 71 decade ago
You are missing something.
The State of Hawaii verified that THEY DO have his birth certificate (the original) in their files. Had it been a "late registration" (as people claim).. they would have been committing treason, to not notify the govt that he "really" was born in Kenya.
A copy of his short form birth certificate was posted online. So called and unnamed "experts" said it was a forgery. The popular analysis? This now is accepted by the conspiracists as being PROOF. It is not and never was "proof". It was the opinion, on a web site, by persons who have never proven their qualifications, and never ruled on by any court. There is no proof that the "experts" were not some 14 yr old kid.
In other words.. NO MATTER WHAT PROOF has been shown or offererd, there are arguments to dispute it. The arguments often contradict each other. Granny in Kenya didn't even speak English, and was CLEARLY manipulated into deliberate confusion (by using both Obama and his father in the same question)... YET PEOPLE THINK THIS VIDEO IS MORE BELIEVABLE than the entire US govt.
Spend some time trying to reason with those who say that he evaded the court. No court ever ordered anything. No evasion. The courts had no desire to see anything.
You are missing the fact that he actually was born exactly where he says.. Honolulu. A person born on US soil (and with a parent who is a US citizen) is a natural born citizen, and fully eligible.
The goal of the conspiracy is to overturn a valid election, for one reason and one reason only.. they DON'T LIKE THE FACT THAT HE WON. They want to find some way to destroy him.. even if they have to believe a complete scam.
oh, yes.. "if he really was born in Hawaii, why doesn't he just give in and show his long form"
Total and absolute stupidity. He KNOWS DAMN WELL he is eligible, has provided proof to anyone with a legal right to see such proof, and refuses to be controlled by harassment from persons who have no legal rights to demand a private record. They are not worth his time.
- Anonymous1 decade ago
Legally Obama would not be a native born citizen if he was born in Kenya. If his mother had been one year older, however, he would be.
If Obama was born in Kenya to a mother under the age of 19 and a foreign father he is not a native born citizen.
If he is not a native born citizen, he is prohibited from serving as President of the United States by the Constitution.
He could still be a naturalized U.S. Citizen, and serve in other government offices.
I hope that clears up the reasoning of that for you.
- 5280Lv 61 decade ago
In order to be the President of the U.S. you must be BORN in the U.S. If Obama was born in Kenya, yes he is considered a citizen because he has lived here for over a certain amount of years. But that still means that you cannot be president because he was not born here making him a natural citizen which he is not.
His mom was born in Kansas and his father was born in Kenya. At the time he was born in 1961, because his father was a Kenyan citizen which was under British rule at the time the law said that his father's citizenship automatically transferred to his children. If Obama was born in Kenya then he was born a British subject as a default of his Father. If he was born in Hawaii with only his mother being a U.S. citizen, in 1961, she would have had to be 21 to meet the qualifications, which she had him when she was 18.
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- starrfyrreLv 71 decade ago
Actually, if he was born in Kenya he would not be a citizen because his mother was 18. In order to be a citizen, your parent who is a citizen must be 19 when you were born. So, no.
- Anonymous1 decade ago
Partially right. 14 with 5 years she didn't meet the resident requirement. He is not a US Citizen. The law was changed but during the time of his birth this was the law.
- 4 years ago
Yes, he was born in Hawaii. You should do some ACTUAL research. Berg is a publicity hound and crackpot. He pulled the same stunt before, filing a frivolous suit against the 9/11 Commission. Why waste time with ridiculous lies?
- easilydissolvedLv 51 decade ago
That would be true, if he lived in the US with his mother and his grandparents, he just wouldn't be legally allowed to run for president.
Luckily, he was born in Hawaii, so he is a natural born US citizen, and eligible to be president.
- 5 years ago
He admits being from another country, he was not born in Hawaii