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Originally posted by davion
The only problem being that most US laws forbiding dual citizenship were struck down by the Supreme Court in 1967 (Afroyim v. Rusk) and 1980 (Vance v. Terrazas).
Originally posted by redhatty
But Indonesia's weren't and when Obama went to school there as a child, he had to become an Indonesian national (they only way to be in school there).
And seriously... DO you want a president who has Dual Citizenship with a foreign country? Isn't that a MAJOR conflict of interest?
Originally posted by Fuzzy Wabbit
reply to post by Fathom
Do you have any deep DARK secrets in your HEART that you want to keep from RISING to the top?
Originally posted by redhatty
Under the Indonesian adoption law, once adopted by an Indonesian citizen, the adoption severs the child's relationship to the birth parents, and the adopted child is given the same status as a natural child (Indonesian Constitution, Article 2)
The laws in Indonesia at the time of Obama's arrival did not allow dual citizenship. If an Indonesian citizen married a foreigner, as in this case, Obama's mother was requires to renounce her US Citizenship and was sponsored by her Indonesian spouse. The public schools did not allow foreign students, only citizens were allowed to attend as Indonesia was under strict rule and decreed a number of restrictions, therefore, in order for Obama to have attended school in Jakarta, which he did, he had to be a citizen of Indonesia, as the citizenship status of enrolled students was verified with Government records.
Since Obama's birth was legally acknowledged by Lolo Soetoro, an Indonesian Citizen, and/or Obama was adopted by Lolo Soetoro, Obama became an Indonesian citizen and bears the same status as an Indonesian natural child (natural-born). For this reason, Obama would have been required to file applications with the US State Department and follow the legal procedures to become a naturalized citizen in the United States, when he returned from Indonesia.
The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual citizenship). Indonesia regulations recognize neither apatride nor bipatride citizenship. Since Indonesia did not allow dual citizenship neither did the US, Hague Convention of 1930.
Obama traveled to Indonesia, Pakistan and South India in 1981. Tensions were high at that time between Pakistan and India, Pakistan was even under Martial Law. It was so dangerous that it was on the State Department's travel ban for US citizens. Obama could not have entered Pakistan with a US passport, but he could have entered using his Indonesian passport.
Originally posted by davion
Except, as I said and have shown, the United States doesn't allow children to renounce their citizenship to a foreign country unless it was by choice, and they have to be old enough. After looking over Berg's case he's also using outdated information. He's using the Nationality Act of 1940 to say that he has to follow his parents citizenship, when there was also a Nationality Act in 1952, and 1965, the latter of which is basically what we use today for immigration and nationalization. So it appears he's cherry picking to carry his case.
Originally posted by davion
Here's their constitution
I don't see anything about adoption where it is being referenced.
This work is incomplete.
So Berg's case can give article numbers and listings to their constitution that defines who is a citizen, but when he finally gets to the meat of his case he doesn't provide any evidence. I can't backtrack to what he's talking about when he says "The laws in Indonesia at the time of his arrival...", where's the sources that define these laws? There's nothing in what little he does reference that says anything about adoption or these laws that require the wife to renounce her citizenship.
Except, as I said and have shown, the United States doesn't allow children to renounce their citizenship to a foreign country unless it was by choice, and they have to be old enough. After looking over Berg's case he's also using outdated information. He's using the Nationality Act of 1940 to say that he has to follow his parents citizenship, when there was also a Nationality Act in 1952, and 1965, the latter of which is basically what we use today for immigration and nationalization. So it appears he's cherry picking to carry his case.
Even though I know you're copying and pasting what someone else wrote I already went over this in a previous post, the United States doesn't encourage dual citizenship but you can have dual citizenship, and in the cases of children there have been several cases that have granted dual citizenship and most of the laws that would have been against dual citizenship were struck down by the Supreme Court.
Does Berg or anyone else have proof that there was an actual travel ban to Pakistan? I keep seeing that claim thrown around but can't find any documents that support it.
Originally posted by redhatty
This work is incomplete.
I am quite sure that they are all readily available in Law libraries, which is how lawyers get their references for proof. If you'd like I would be glad to travel to Loyola Law School next week and look it up for myself, take photos of the pages, etc. and post them.
Since Obama was born in 1961, the act of 1940 or 1952 would be the ones applicable to the time, unless the 1965 act has provisions for retroactive enforcement. If the parts that are pertinent are the same in the 1940 and 1952 acts, then it matters little which is used for reference.
Unfortunately, not everything is on the internet, some things require old fashioned research, like going to libraries and individual offices. I'd venture to guess that the Law Library would have it on record.
Unfortunately I don't see how you can throw out an accusation unless you've researched it and know it for a fact. Especially when you're basically saying, "Well there was a ban on Pakistan so how could he travel?" and now you're saying you don't know if there was.
Originally posted by redhatty
Ummm, but isn't that exactly what you have been doing? Throwing out an accusation without researching it yourself? You are the one saying that even though it has been filed in court, and there is no ruling on it yet, that the whole case is ridiculous. Bit of a case of the pot calling the kettle black, don't ya think??
[edit on 10/9/08 by redhatty]
Children granted dual citizenship, later, at the age of 18, have three years to decide whether they wish to become “full” Indonesian citizens, and renounce their foreign citizenship, or the other way round. Previously, under the old law, nationality was deemed to always derive from the paternal side
Through extensive investigation Plaintiff learned Obama was born at Coast Hospital in Mombasa, Kenya located in Coast Province. Obama’s father was a Kenya citizen and Obama’s mother a U.S. citizen who was not old enough to register Obama’s birth in Hawaii as a “natural born” United States citizen. The laws on the books at the time of Obama’s birth required the U.S. citizen parent to have resided in the Untied States for ten (10) years, five (5) of which were after the age of fourteen (14). Obama’s
mother was only eighteen (18) years old when Obama was born in Kenya. Nationality Act of 1940, revised June 1952, United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).