Dear Free Republic: What is a Natural Born Citizen?

To: Jim Robinson
All the BC stuff put out by both sides, or maybe I should say all sides, is just a collective distraction.

Obama’s fathers was not a U. S. citizen, therefore Barack Obama II cannot be a natural born U. S. citizen. It doesn’t really matter where the birth took place.


24 posted on 08/02/2009 5:08:49 PM PDT by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... )


The response...

To: savedbygrace
"Obama’s fathers was not a U. S. citizen, therefore Barack Obama II cannot be a natural born U. S. citizen. It doesn’t really matter where the birth took place."
That's the camp I fall into. Everything else is just useless noise. People should have stipulated from the very beginning that Barry was born in HI. He still doesn't meet the eligibility requirements of the POTUS for the very reason you cite.

So long as people are searching for the "magic birth certificate", or lack there of, they won't be addressing the legitimate claim of illegitimacy - just the way Obama wants it.

104 posted on 08/02/2009 5:42:06 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)

United States Constitution
Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

United States Code, Title 8, Section 1401

§ 1401. Nationals and citizens of United States at birth


The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person 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;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

United States Code, Title 8, Section 1401 (d)

The following shall be nationals and citizens of the United States at birth:

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

Two Top California Republicans Are Aliens
By JOSH GERSTEIN, Staff Reporter of the Sun | June 25, 2007

SAN FRANCISCO — The California Republican Party is coming under criticism for its decision to hire political operatives who are not American citizens for two top jobs.

In March, the state party hired an Australian, Michael Kamburowski, to be its chief operating officer. He now lives in America on a so-called green card, but he was ordered deported in 2001. That order was eventually lifted, though he is now suing the Department of Homeland Security for $41 million over an episode in 2004 where he was jailed for 30 days by immigration authorities, according to court records.

Recently, the party gave the position of research and political technology director to a Canadian, Christopher Matthews. Mr. Matthews is presently in America on a special work visa for Mexican and Canadian nationals, but California GOP officials applied for and received a coveted "H1B" visa for him, a party spokesman said. The H1B program is the subject of intense lobbying by the technology industry, which has urged Congress to increase the annual allotment of 65,000 visas for skilled workers.

Last night, one of the men abruptly resigned. "The California Republican Party Operations Committee held a teleconference tonight with Mike Kamburowski where he offered his resignation, which has been accepted," the state party chairman, Ronald Nehring, said in a terse statement e-mailed to The New York Sun. "We thank him for his service."

...

6 previous US Presidents had foreign born parents. Andrew Jackson (1829-1837) is the only president born of two immigrants, both Irish. Presidents with one immigrant parent are Thomas Jefferson (1801-1809), whose mother was born in England, James Buchanan (1857-1861) and Chester Arthur (1881-1885), both of whom had Irish fathers, and Woodrow Wilson (1913-1921) and Herbert Hoover (1929-1933), whose mothers were born respectively in England and Canada.

Obama will be the 7th US President with at least one foreign born President, since his father was a Kenyan native. His mother was born in Kansas.

http://wiki.answers.com/Q/Are_you_allowed_to_run_for_president_if_your_parents_are_foreign_but_you_were_born_in_the_U.S.