Judge Has [not] Ruled, Obama [not] Off Of Ballot In Georgia! (erroneous news report)

reply to post by Benevolent Heretic


Under the British Nationality Act of 1948 Obama holds a British citizenship since Kenya was under British rule. He has never renounced it.

reply to post by Benevolent Heretic


I agree, I think he meets the US Code for "Natural Born" citizen, but that all goes out the window if it can be proved he identified himself as a foreign national student for college.

Here is the part I think favors him...

Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"

Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

Source

I'd like to see a US court decision holding that someone born here was not a US citizen but a British subject because of that law.......

It would be exact opposite of Lynch v. Clarke, which was a leading US case.

It turns out that the British law doesn't quite make Obama a British subject, unless his father was legally married to his mother (which is debatable since he already had a wife back in Africa that he seemed to have neglected to mention to anyone) AND if the baby's birth was promptly registered with the British govt, which was not done in Obama's case:

en.wikipedia.org...

Somehow it didn't apply to Pres. Chester A. Arthur either.

reply to post by Benevolent Heretic


There is an OBVIOUS distinction between a CITIZEN and a NATURAL BORN CITIZEN in the Constitution. Can YOU explain the difference? I can
one parent citizen + one parent not citizen = citizen
both parents citizens = natural born citizen

reply to post by r3axion


He doesn't have to renounce his British citizenship. He lost it when he became an adult and claimed US citizenship as an adult.

www.abovetopsecret.com...

I'll add more if I can find it.

reply to post by Shoonra


a person born here is a citizen yes HOWEVER if one parent is NOT a US citizen then the offspring, while being a citizen, is NOT a natural born citizen.

Originally posted by candcantiques
reply to post by Shoonra

 

a person born here is a citizen yes HOWEVER if one parent is NOT a US citizen then the offspring, while being a citizen, is NOT a natural born citizen.

Yes According to your imagination...

reply to post by Benevolent Heretic


It doesnt matter if he renounced his citizenship or not. Many spies have infiltrated this country after renouncing their citizenship. He MUST be a NATURAL BORN citizen. Natural born being defined as BOTH parents are american citizens at the time of his birth.

reply to post by jacklondonmiller


My imagination? really? then why is there a CLEAR distinction between the two in the Constitution?

reply to post by Zanti Misfit

In a move certain to fuel the debate over Obama’s qualifications for the presidency, the group “Americans for Freedom of Information” has Released copies of President Obama’s college transcripts from Occidental College … Released today, the transcript school indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate. The transcript was released by Occidental College in compliance with a court order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship program.. To qualify, for the scholarship, a student must claim foreign citizenship..

I always thought something was fishie with the Big "0".

This could be an indication that He somehow renounced his U.S. Citizenship ?

Hmmm.

If a person renounces citizenship, can they ever get it back ?

"0" was an adult at the college ?

So much for rational arguments....... This thread has devolved into it's usual B.S. whenever the Bither thing is called into question. I don't care what anyone has to say but I truly believe the largest issue with Obama is his skin color......

reply to post by getreadyalready

Originally posted by getreadyalready
I agree, I think he meets the US Code for "Natural Born" citizen, but that all goes out the window if it can be proved he identified himself as a foreign national student for college.

Why would that make a difference? Unless he actually WAS a foreign national...

Not that he did that.

Originally posted by GeorgiaGirl

Originally posted by jacklondonmiller
These backwoods idiots are simply amazing, as big government as they come,
they get to determine who people can vote for, two men make that decision for
the whole state of people.

Or,....perhaps somthing called the Constitution tells us who is eligible to run for president, and finally someone has looked at the definition of "natural born citizen"...

Yeah but the Constitution is so 1700s...

Let's put this one to bed.

Originally posted by candcantiques
Natural born being defined as BOTH parents are american citizens at the time of his birth.

he Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning. The Congressional Research Service has stated that the weight of scholarly legal and historical opinion indicates that the term means one who is entitled under the Constitution or laws of the United States to U.S. citizenship "at birth" or "by birth," including any child born "in" the United States (other than to foreign diplomats serving their country), the children of United States citizens born abroad, and those born abroad of one citizen parent who has met U.S. residency requirements.

en.wikipedia.org...

reply to post by Benevolent Heretic


I think if he identified himself in that way, then it validates the concern that he indeed has a second loyalty.

Also, if he did that, and he was not in fact a foreign-national, then it would be a felony.

Let's not forget our previous discussions though. I don't care one way or another at this juncture, but I do think he should comply with the legal process, and provide the material for any lawful request. It wouldn't be hard to come clean. Also, it is clear we need yet another precedent and process for future candidates. I personallly think the State Department should verify all qualifications before swearing someone into office, and once they stamp their approval, it should be unchallengeable.

reply to post by getreadyalready


Many people seem to forget that just because Obama was born inside the United States to a mother that was a United States citizen he does NOT automatically loose his Kenyan citizenship that he was given by his father at birth.

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;

Obama was BOTH Kenyan AND American at birth. NOT OWING ALLEGIANCE TO ANY FOREIGN SOVEREIGNTY Get it yet?

reply to post by candcantiques


You should read the constitution.

As it clearly states that being born here defines you as a natural born citizen. Regardless of the citizenship of your parents.

reply to post by SkyMuerte


I am NOT a birther. He was born in the USA but has dual allegiance from birth. He is not elligible, never was

reply to post by Benevolent Heretic


Yeah, he lost his Kenyan citizenship....not British..

In addition, British legal experts agree that Obama may well be a British citizen. According to author John Charlton in a British legal analysis, he says "The Presumption is that Obama did not revoke his British Citizenship on Aug. 4, 1979....and, according to the British Home Office, U.K. Border Agency, to renounce British Citizenship, one must be at least 18 years of age and fill out a declaration, using form RN." Charlton goes on to say, "Therefore, upon reaching the age of 18, on Aug. 4, 1979, Obama could have revoked his citizenship. However, the British Government has never affirmed that he has. Therefore in law we must presume that he has not, if his birth story is true."

source

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; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance, is not and shall not be a citizen of the United States. Citizenship is his birthright and neither the Congress nor the States can justly or lawfully take it from him.

John Bingham, House of Reps 1862

just posted

A MESSAGE FROM CARL SWENSSON...
To all my friends in battle,



The Judge pulled the lawyers for the three cases into chambers before it all began and advised them that he would be issuing a default judgment in our favor, since the Defense council failed to show, and wanted to end it there. We argued that all the evidence needed to be entered in to record so the Judge allowed for a speedy hearing where all evidence was entered into the court record. What that means is this… Any appeal, if one is even possible, would be based on the evidence provided by the lawyers in each case. Both Van Irion and My lawyer, Mark Hatfield made certain that our cases and evidence in those two cases would be closed so as not to be affiliated, in any way, with “Birther” Orly Taitz. As expected, she was an embarrassment.



Now we’re merely awaiting the publishing of this Judge’s ruling which, as previously stated, will be a Default Judgment.

In other words…we won. Now it’s time for the rest of the States to take my lead and duplicate this effort.



Carl

giveusliberty1776.blogspot.com...