RE: Who Cares Where He was Born!!!! (Full Version)

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DarkSteven -> RE: Who Cares Where He was Born!!!! (8/1/2009 10:44:01 AM)

quote:

ORIGINAL: DePubed

it is in the U.S. Constitution that one of the requirements to be President is that the person has to have been BORN in the U.S.


I had thought that the requirement was to have been born on US soil.  As such, a military hospital on base could be argued to meet that requirement.




Lorr47 -> RE: Who Cares Where He was Born!!!! (8/1/2009 11:50:02 AM)

quote:

ORIGINAL: FirmhandKY


quote:

ORIGINAL: lovingpet

The only thing necessary is to establish the citizenship of at least one parent. He may have dual or even triple citizenship based on the laws of any country in which he was born or the nationality of one of his parents if either of them were not citizens of the United States. As far as I recall, at least one of his parents IS established as a US citizen. What a stupid tactic! There was plenty of better ways to undermine either candidate.

lovingpet,

It's not really that simple. US law has changed over the years. Simply having one parent as a US citizen wasn't always sufficient, although necessary.

Firm


Unfortunately you are right as to how complicated the issue can  get.  In any case the language relating to the Panama canal was changed just prior to McCain's birth and the notices of Obama's birth in the 60's in the Hawaiian newspapers puts an end to that argument  too unless we have a conspiracy from the womb.




tazzygirl -> RE: Who Cares Where He was Born!!!! (8/1/2009 12:23:19 PM)

Despite its various references to citizenship, the Constitution as ratified failed to provide any definition of citizenship itself, let alone "natural born" citizenship. Some have argued that this was a deliberate attempt by the drafters to avoid addressing the contentious issue of slavery.[2] This changed with the adoption of the Fourteenth Amendment in 1868. Its Citizenship Clause provided that

“ 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.

To date, the Naturalization Act of 1790 has been the only U.S. law explicitly conferring statutory "natural born" citizenship. In 1795, Congress removed the words "natural born" from the law; To date, the Naturalization Act of 1790 has been the only U.S. law explicitly conferring statutory "natural born" citizenship. In 1795, Congress removed the words "natural born" from the law; the Naturalization Act of 1795 says only that foreign-born children of American parents "shall be considered as citizens of the United States."[9]
5 says only that foreign-born children of American parents "shall be considered as citizens of the United States."[9]


The law governing the citizenship of children born outside the U.S. to one or more U.S.-citizen parents has varied considerably over time.[12] Current U.S. statutes define various categories of individuals born overseas as "citizens at birth," including (for example) all persons "born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person/s

Regarding people born at U.S. military bases in foreign countries, current U.S. State Department policy (as codified in the department's Foreign Affairs Manual) reads:

Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."[15]

The foregoing section of the FAM only addresses citizenship by jus soli: In short, what is the geographic scope of the "United States"? This does not affect citizenship via jus sanguinis, i.e. those who are born abroad to U.S. citizens and who otherwise meet the qualifications for statutory citizenship.[16] The State Department also asserts that "the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes."[17] This position seems to be at odds with the fact that Congress in 1790 felt it could confer natural born citizenship on those born abroad to American parents. Ultimately, it will take a Supreme Court decision to settle the matter once an American citizen born abroad runs for and wins the presidency.

Perkins v. Elg, 307 U.S. 325 (1939): The U.S. Supreme Court concluded that Marie Elizabeth Elg, who was born in the United States of Swedish parents naturalized in the United States, had not lost her birthright U.S. citizenship because of her removal during minority to Sweden and was entitled to all the rights and privileges of that U.S. citizenship. In this case, the U.S. Supreme Court affirmed the decree that declared Elg "to be a natural born citizen of the United States."

http://en.wikipedia.org/wiki/Natural_born_citizen




tazzygirl -> RE: Who Cares Where He was Born!!!! (8/1/2009 12:27:40 PM)

oh well, as hard as i tried, your gonna have to read into the lines... not just between.. lol.. ok.. got that fixed... now.. one more thing i ran across.

John McCain (born 1936),

who ran for the Republican party nomination in 2000 and was the Republican nominee in 2008, according to his birth certificate, was born of two U.S. citizen parents at Colon Hospital in Colon, Panama [36] A brief birth announcement in The Panama American stated that the birth had taken place at "the Submarine Base Hospital." [37] The hospital referenced in the birth announcement would be the Submarine Base Hospital of the Coco Solo Naval Air Station in the Panama Canal Zone. Related references follow. [38] The former unincorporated territory Panama Canal Zone and its military facilities were not regarded as United States territory.[39] In March 2008 McCain was held eligible for Presidency in an opinion paper by former Solicitor General Ted Olson and Harvard Law Professor Laurence H. Tribe.[40] In April 2008 the U.S. Senate approved a non-binding resolution recognizing McCain's status as a natural born citizen.[41] In September 2008 U.S. District Judge William Alsup stated obiter in his ruling that it is "highly probable" that McCain is a natural born citizen, although he acknowledged the possibility that the applicable laws had been enacted after the fact and applied only retroactively.[42] These views have been criticized by Gabriel J. Chin, Professor of Law at the University of Arizona, who argues that McCain was at birth a citizen of Panama and was only retroactively declared a born citizen under 8 U.S.C. § 1403, because at the time of his birth and with regard to the Canal Zone the Supreme Court's Insular Cases overruled the Naturalization Act of 1795, which would otherwise have declared McCain a U.S. citizen immediately at birth.[43] Although the US Foreign Affairs Manual states that children born in the Panama Canal Zone at one point only became U.S. nationals,[44] it also states in general that "it has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural born citizen […]".[45] In Rogers v. Bellei the Supreme Court only ruled that "children born abroad of Americans are not citizens within the citizenship clause of the 14th Amendment", and didn't elaborate on the natural born status.[46][47]


Barack Obama

(born 1961), 44th president of the United States, was born in Honolulu, Hawaii to a U.S. citizen mother and a British subject father from the Kenya Colony of the United Kingdom. Before and after the 2008 presidential election, the argument was made that he was not a natural born citizen. On June 12, 2008, the Obama presidential campaign launched a website to counter what it described as smears by his opponents, including these challenges to his eligibility.[48] The most prominent issue raised against Obama was the claim that he was not actually born in Hawaii. In two other lawsuits, the plaintiffs argued that it was irrelevant whether he was born in Hawaii,[49] but argued instead that he was nevertheless not a natural born citizen because his citizenship status at birth was also governed by the British Nationality Act of 1948.[50] The relevant courts have either denied all applications or declined to render a judgment due to lack of jurisdiction. Some of the cases have been dismissed because of the plaintiff's lack of standing.[22] On July 28th, 2009, State officials in Hawaii once again issued a statement officially confirming Obama was born in the state of Hawaii. [51] On July 27th, 2009, the U.S. House of Representatives passed H.R. 593, commemorating the 50th anniversary of Hawaii's statehood, including the text, "Whereas the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961." [52] The vote passed 378-0.

Both born to at least one parent with US citizen rights. Both, questionably, not born on US soil. but, does it really matter as long as they are considered citizens by birth right?




Brain -> RE: Who Cares Where He was Born!!!! (8/1/2009 12:47:43 PM)

Humor about the birthers
Conspiracy Theorists Continue To Demand To See Obama's Death Certificate

"Look, even the most idiotic individuals among us can understand that Obama was indeed born in 1961 in Hawaii -- his birth certificate proves that," said Cook. "Nobody is here to argue anything fishy about his birth. What we're suggesting is far more sinister and believable: that he died of Hawaii Island Voodoo Disease (HIV-D) shortly after being born, and has roamed the Earth as a zombie ever since."

http://www.enduringvision.com/news/politics_072309.php




tazzygirl -> RE: Who Cares Where He was Born!!!! (8/1/2009 1:24:19 PM)

LOL.. ok.. thats funny!




Brain -> RE: Who Cares Where He was Born!!!! (8/1/2009 1:36:48 PM)

Bill Maher on the Birthers
I will show you President Obamas birth certificate when you show me Sarah Palins high school diploma..

http://www.youtube.com/watch?v=pmtEecwdgPc




Lorr47 -> RE: Who Cares Where He was Born!!!! (8/1/2009 1:50:49 PM)

quote:

Both born to at least one parent with US citizen rights. Both, questionably, not born on US soil. but, does it really matter as long as they are considered citizens by birth right?


To me it does not make any difference, but when I looked at it a long time ago I got a head ache.  I assumed one parent being a a US citizen would clearly be enough.  The language is different.

"and smart too"




TheHeretic -> RE: Who Cares Where He was Born!!!! (8/1/2009 1:54:15 PM)

Bill Maher.  Yeah, the guy who stomped on his own dick by saying "the terrorists were brave" a week after 9/11, and tries to paint himself as a martyr to free speech.

Here is a little more video of Maher, demonstrating exactly what he REALLY thinks of free speech...

http://www.popcrunch.com/real-time-with-bill-maher-heckler-video/




DomKen -> RE: Who Cares Where He was Born!!!! (8/1/2009 2:26:30 PM)

quote:

ORIGINAL: DePubed
The issue is NOT about CITIZENSHIP (as everyone here is focused on) but PLACE OF BIRTH as a CONSTITUTIONAL requirement. If yuo 'google search' the U.S. Constitution you will read it where it states the requirements to be President, and they include that the place of birth must be within the U.S.

So you're actually claiming that it was a massive decades long conspiracy? Otherwise there is overwhelming proof that Obama was born in Hawai'i which was a US state at the time.




Lostkitten3 -> RE: Who Cares Where He was Born!!!! (8/1/2009 2:54:50 PM)

Well, Bill is doing a show, and he has guests who are paid to come on and speak, he says, this is not a debate, she is an audience member, they have seats to listen. Not to commentate.




Brain -> RE: Who Cares Where He was Born!!!! (8/1/2009 4:02:08 PM)

He was right to throw their dumb asses out. Audience means they listen and it is not a debate. Way to go Bill!

You're one to talk about rights after the Republicans took away so many rights with the patriot act. What hypocrisy




Brain -> RE: Who Cares Where He was Born!!!! (8/1/2009 4:05:29 PM)

Birther Poll: Less Than Half Of Republicans Believe Obama Was U.S. Born
Less than half of Republicans believe that Barack Obama was born in the United States of America, a new public opinion poll finds. Only 42 percent of Republican respondents in a Research 2000 survey, conducted for the liberal website Daily Kos, said they thought Obama was a natural born citizen; 28 percent said they did not believe Obama was born in the United States; 30 percent said they were not sure.

http://www.huffingtonpost.com/2009/07/31/new-poll-less-than-half-o_n_248470.html





tazzygirl -> RE: Who Cares Where He was Born!!!! (8/1/2009 4:17:10 PM)

In all honesty, Brain, do you think that the Supreme Court would invalidate his presidency at this point?




servantforuse -> RE: Who Cares Where He was Born!!!! (8/1/2009 9:05:40 PM)

Would that be the 'fair and balanced' huffington post'.?? she is a nut case..




TheHeretic -> RE: Who Cares Where He was Born!!!! (8/1/2009 9:26:37 PM)

quote:

ORIGINAL: Brain

You're one to talk about rights after the Republicans took away so many rights with the patriot act. What hypocrisy



And I suppose you have another link to some drug-addled, burned-out, stand-up comedian enumerating what those rights were that Bush stole?

Be very careful who you go calling a hypocrite, Brian. 




tazzygirl -> RE: Who Cares Where He was Born!!!! (8/1/2009 9:35:10 PM)


quote:

ORIGINAL: servantforuse

Would that be the 'fair and balanced' huffington post'.?? she is a nut case..


get your eyes checked. i didnt post that site. Brain did




Lorr47 -> RE: Who Cares Where He was Born!!!! (8/2/2009 5:21:28 AM)

quote:

ORIGINAL: servantforuse

Would that be the 'fair and balanced' huffington post'.?? she is a nut case..


and, Bortz and Beck are not?




willbeurdaddy -> RE: Who Cares Where He was Born!!!! (8/3/2009 2:53:25 PM)

quote:

ORIGINAL: Arpig

quote:

And as I recall from the campaign days, there was some question about his mother having dual citizenship, which is not permitted in the US, and whether she technically had renounced her US citizenship as a result.
Nope, not true. Dual (or even triple or more) citizenship is allowed in the US. For example, my oldest brother was born in Massachusetts and he was a Canadian citizen because his parents were and he was a US citizen, because he was born there (I  guess he was actually a "natural born" citizen, and could have been President....wouldn't that have thrown the pundits into a frenzy[:D]).
The US generally doesn't "recognize"  multiple citizenship, which means that it doesn't care what other countries consider you a citizen, it treats you as if you were a citizen of the US period, it pays no attention to the other citizenships whatsoever.

This page has a lot of good info regarding the subject.




From your link:

"Some people describe this sort of situation by saying that a given country "does not recognize dual citizenship" -- but this usage can be confusing, because it might mean either that a country passively ignores other countries' claims on its citizens, or that it actively prohibits its citizens from also being citizens of other countries. "

And which of those fits the US better?

"Advice about Possible Loss of US Citizenship and Dual NationalityThis document explains the current US policy on the retention and loss of US citizenship in connection with dual citizenship. The text of this document was originally sent by the State Department to all diplomatic and consular posts via telegrams on 16 April 1990; see 67 Interpreter Releases 799 (23 July 1990) and 67 Interpreter Releases 1092 (1 October 1990).

Notice the emphasis on keeping US citizenship following foreign naturalization or the taking of a foreign oath of allegiance. This represents a near-total reversal of earlier policies which assumed such actions were strongly indicative of a desire to give up US citizenship.
Also, persons who previously lost US citizenship may, if they wish, have their cases reopened and readjudicated under the new, far more permissive rules. I have corresponded, within the past couple of years, with at least two individuals who regained their US citizenship in this manner after having had it revoked in the 1970's.

In the 1990 telegram, the State Department explained the new policy in the following words: "Changes in interpretation of citizenship law have made [loss of citizenship] cases progressively more difficult to manage. . . . [I]n the past, we have responded to this challenge with more officer time, closer supervision and extra training. At this point, however, we must look to substantial changes in the process if we are to provide equitable, timely and defensible decisions."

On 8 May 1996, I sent the US consulate in Toronto a letter indicating that my wife and I were in the process of applying for Canadian citizenship (but without intending thereby to give up our US citizenship) and asking for confirmation of the US's current policy on dual citizenship. In response, the consulate mailed us a copy of this document, with no cover letter or other explanatory notes.

Click here for a description of special considerations involving US citizens who seek or obtain public office in foreign countries. "


In English: US policy in the past (and at the time his mother had dual citizenship) turned on whether her act of naturalization or oath of allegience constituted a desire to renounce her US citizenship. It is strictly a fact and circumstances standard, and as is obvious from the above people HAVE lost US citizenship in the same circumstances.





DomKen -> RE: Who Cares Where He was Born!!!! (8/3/2009 5:09:12 PM)

Ms. Dunham never became a naturalized citizen of any nation. She never met the residency requirements in Indonesia and never went through the process.

So the fact is President Obama's mother never held non US citizenship and therefore never became eligible to lose US citizenship.




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