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2011-04-28 10:21 AM
in reply to: #3470992

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Buttercup
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Subject: RE: Obama's birth certificate ...

madkat - 2011-04-28 10:41 AM

I still don't understand why it matters where he was born. His mother is American. So, he's American. Even if he was born in Kenya. Even if he was born of Mars.

It boggles my mind that this is even an issue.

It's a cynical device to make him seem foreign or The Other. As in, not one of us.

These gadflies make accusations based on vapor. They have proven nothing; they just keep repeating a chorus of unsubstantiated charges and that kind of propaganda works with some people.


2011-04-28 10:21 AM
in reply to: #3471100

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Subject: RE: Obama's birth certificate ...

dontracy - 2011-04-28 10:09 AM
UWMadTri - Look, the guy is a citizen of the United States. Can you please stop giving this any more credence than has already been given to it for the past 3 years?


Yeah, that's right.

That's not what the question of the definition of "natural born citizen" is about. 

Cry You're killing me.

http://www.theonion.com/articles/afterbirthers-demand-to-see-obamas-placenta,6866/

2011-04-28 10:22 AM
in reply to: #3471131

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Subject: RE: Obama's birth certificate ...
Goosedog - 2011-04-28 10:19 AM

crowny2 - 2011-04-28 11:15 AM His mother was.  Or is that now in question?

Reading the statute, if President Obama was born on Mars, his mother's U.S. citizenship is not enough.  Correct?

 


But he wasn't.  So what does that question have to do with the concept of "Natural Born Citizen"?

Hell, what if he were born a transgendered dislexic athiest?

We are talking about what is, not what if.
2011-04-28 10:25 AM
in reply to: #3471133

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Subject: RE: Obama's birth certificate ...
crowny2 - 2011-04-28 11:20 AM Fine.

How about these?

  • United States v. Wong Kim Ark, 169 U.S. 649 (1898): In this case, the majority of the Court held that a child born in U.S. territory to parents who were subjects of the emperor of China and who were not eligible for U.S. citizenship, but who had "a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China" was a U.S. Citizen.

The Court stated that:

The constitution nowhere defines the meaning of these words [citizen and natural born citizen], either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.'[9]

Since the Constitution does not specify what the requirements are to be a "citizen" or a "natural born citizen", the majority adopted the common law of England:

The court ruled:

It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born. III. The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established.

And more recently.

A memorandum to Congress dated April 3, 2009, written by the Congressional Research Service, states--

Considering the history of the constitutional qualifications provision, the common use and meaning of the phrase "natural-born subject" in England and in the Colonies in the 1700s, the clause's apparent intent, the subsequent action of the first Congress in enacting the Naturalization Act of 1790 (expressly defining the term "natural born citizen" to include a person born abroad to parents who are United States citizens), as well as subsequent Supreme Court dicta, it appears that the most logical inferences would indicate that the phrase "natural born Citizen" would mean a person who is entitled to U.S. citizenship "at birth" or "by birth".[17]

Thanks.  So, again, which example, or statutory provision, applies to President Obama if he were born on Mars.  Was Dad a U.S. citizen or U.S. National?

 

2011-04-28 10:25 AM
in reply to: #3471142

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Subject: RE: Obama's birth certificate ...

crowny2 - 2011-04-28 10:22 AM

We are talking about what is, not what if.

Sadly, this entire circus sideshow has been about "what if" and not at all about "what is." Apparently, "what is" has no relevance and "what if" will follow him until the day he dies.

2011-04-28 10:28 AM
in reply to: #3471133

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Subject: RE: Obama's birth certificate ...
crowny2 - 

A memorandum to Congress dated April 3, 2009, written by the Congressional Research Service, states--

Considering the history of the constitutional qualifications provision, the common use and meaning of the phrase "natural-born subject" in England and in the Colonies in the 1700s, the clause's apparent intent, the subsequent action of the first Congress in enacting the Naturalization Act of 1790 (expressly defining the term "natural born citizen" to include a person born abroad to parents who are United States citizens), as well as subsequent Supreme Court dicta, it appears that the most logical inferences would indicate that the phrase "natural born Citizen" would mean a person who is entitled to U.S. citizenship "at birth" or "by birth".[17]



That's good stuff!
Thanks!

I'm going to go read the Naturalization Act of 1790 at some point soon,
to see what it says.

OK, my popcorn making chore is done.
I'm passing the pot stirring on to someone else.

I really hope that President Obama is a "natural born citizen" as understood 
by the framers of the Constitution.
I really don't want our country in a constitution crisis.

Plus, I hope someday to possibly be able to vote for Bobby Jindal or Marco Rubio
for President are Vice President,
even though I'm a white European American.
I'll see if I can look past my racism on that one.  


2011-04-28 10:29 AM
in reply to: #3471142

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Subject: RE: Obama's birth certificate ...

crowny2 - 2011-04-28 11:22 AM

But he wasn't.  So what does that question have to do with the concept of "Natural Born Citizen"?

. . .


We are talking about what is, not what if.

Yes, we are.  Maybe you missed it.  madkat suggested that President Obama's place of birth was irrelevant and that he would be a natural born citizen even if born on Mars.  I'm curious how.

 

2011-04-28 10:30 AM
in reply to: #3471162

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Subject: RE: Obama's birth certificate ...
Goosedog - 2011-04-28 10:29 AM

crowny2 - 2011-04-28 11:22 AM

But he wasn't.  So what does that question have to do with the concept of "Natural Born Citizen"?

. . .


We are talking about what is, not what if.

Yes, we are.  Maybe you missed it.  madkat suggested that President Obama's place of birth was irrelevant and that he would be a natural born citizen even if born on Mars.  I'm curious how.

 


Totally missed that one.  Sorry.  Embarassed
2011-04-28 10:31 AM
in reply to: #3471160

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Subject: RE: Obama's birth certificate ...

dontracy - 2011-04-28 10:28 AM
Plus, I hope someday to possibly be able to vote for Bobby Jindal or Marco Rubio
for President are Vice President,
even though I'm a white European American.
I'll see if I can look past my racism on that one.  

I would be interested in Bobby Jindal for my vote as well, if I could just look past my pesky Commie liberalism. I think he'd make a hell of a president if he added a little bit of presence.

2011-04-28 10:38 AM
in reply to: #3471171

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Subject: RE: Obama's birth certificate ...
UWMadTri - 2011-04-28 11:31 AM

dontracy - 2011-04-28 10:28 AM
Plus, I hope someday to possibly be able to vote for Bobby Jindal or Marco Rubio
for President are Vice President,
even though I'm a white European American.
I'll see if I can look past my racism on that one.  

I would be interested in Bobby Jindal for my vote as well, if I could just look past my pesky Commie liberalism. I think he'd make a hell of a president if he added a little bit of presence.

I'm with you there, he is actually someone that i would consider as well.  Marco Rubio is an entirely different case, and not a good one.

2011-04-28 10:38 AM
in reply to: #3468475

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Champion
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Subject: RE: Obama's birth certificate ...
I did learn something new in all of this research.

Barry Goldwater's run was called into question because when he was born in Arizona, it was only a Territory, not a state.  Learn something new every day. 


2011-04-28 10:46 AM
in reply to: #3471151

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Buttercup
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Subject: RE: Obama's birth certificate ...
Goosedog - 2011-04-28 11:25 AM

Thanks.  So, again, which example, or statutory provision, applies to President Obama if he were born on Mars.  Was Dad a U.S. citizen or U.S. National?

Your father's citizenship wouldn't matter if your mother was a citizen and vice versa.

If one of your parents is a US Citizen and:

  • You were born on Mars, on a US military outpost or territory, you would be considered a US native (natural-born) citizen.
  • You were born on Mars in territory owned by China, you would still be a US citizen but not native (natural born). You would still have all the rights and privileges and be subject to jurisdiction of the USofA. Except someone(s) would contest your eligibility to run for POTUS or serve as VPOTUS.

If you were born in the US or on US territory (Puerto Rico, for example) to diplomats of a country that is not the US, you would not be a US Citizen because they and you would not be subject to US jurisdiction.

Example: John McCain was born in the Republic of Panama, in the Canal Zone, to US citizens. I think in the same hospital 3 of my sisters were born in. At the time, the Canal Zone was considered US territory. Therefore, Senator McCain is considered eligible to be POTUS (as are my sisters).

Here's another, more pedestrian example. Florida natives are people who were born in Florida. If you lived in Florida for 40 years but were born elsewhere, you're not a native. You are, however, a Florida resident and subject to its jurisdiction. You could even become governor. However, if you aren't a Florida resident, you can't run for governor.

2011-04-28 10:56 AM
in reply to: #3471131

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Subject: RE: Obama's birth certificate ...
Goosedog - 2011-04-28 8:19 AM

crowny2 - 2011-04-28 11:15 AM His mother was.  Or is that now in question?

Reading the statute, if President Obama was born on Mars, his mother's U.S. citizenship is not enough.  Correct?

This:

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)

It's not like his mother wasn't born in the US, wasn't a citizen of the US, and never lived in the US.

I understand it takes more than citizenship to become president. But I still think he meets the requirement, regardless of where he was born. Which was Hawaii. A real state. Filled with natural born US citizens.



Edited by madkat 2011-04-28 10:57 AM
2011-04-28 10:59 AM
in reply to: #3471191

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Philadelphia, south of New York and north of DC
Subject: RE: Obama's birth certificate ...
crowny2 - I did learn something new in all of this research.

Barry Goldwater's run was called into question because when he was born in Arizona, it was only a Territory, not a state.  Learn something new every day. 


I can see the popcorn is low already, so I'm back again.

Yeah, I read that too.
That's interesting.
Clearly, they knew that Goldwater was born a US citizen.
What they were questioning was whether he was a "natural born citizen". 
Or maybe they were just anti-semites.

Here's some more wiki wisdom.
Maybe you read it as well:

On June 18, 1787, Alexander Hamilton submitted to the Convention a sketch of a plan of government. Article IX, section 1 of Hamilton's plan provided:

No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.[3]

On July 25, 1787, John Jay wrote to George Washington, presiding officer of the Convention:

Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolve on, any but a natural born Citizen.[4]

 

Why would John Jay specify "natural born Citizen", rather than use Hamilton's phrase "be born a Citizen".
Was Jay referring to what Hamilton had written?
Would there have been an understanding then that "natural born Citizen" and "born a Citizen" were
not equal terms?
Were there legal rulings that came after the Constitution that clarified the term "natural born citizen"
(still haven't read that law that you cited)

I don't know. 
I want to know.
Knowledge is a good thing.
No one ought to be afraid of it.

Maybe those civics classes we all took didn't delve into the nuance of it all.

Edited by dontracy 2011-04-28 11:01 AM
2011-04-28 11:13 AM
in reply to: #3468500

Elite
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Subject: RE: Obama's birth certificate ...
tom314159 - 2011-04-27 8:21 AM

Really? Once again that is not a birth certificate. That is a certificate of live birth. Not the same. Anyone born anywhere can get a certificate of live birth. It proves nothing. Yeah I think he probably was born in the US but be very clear nobody has ever seen a real birth certificate.


Ever consider that under the law of the State of Hawaii, a "birth certificate" is called a "certificate of live birth?" Kind of like in some states, the person who administers an estate is called an "executor" while other states call such person a "personal representative." Sure, the name is different, but the FUNCTION IS EXACTLY THE SAME.

While I am no Obama fan, this stupidity must stop.
2011-04-28 11:32 AM
in reply to: #3471308

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Subject: RE: Obama's birth certificate ...
MikeTheBear -  Ever consider that under the law of the State of Hawaii, a "birth certificate" is called a "certificate of live birth?" Kind of like in some states, the person who administers an estate is called an "executor" while other states call such person a "personal representative." Sure, the name is different, but the FUNCTION IS EXACTLY THE SAME.


Mike, do you know if that's the case here with the term "natural born citizen"?
Is it a case of that term being interchangeable with "born a citizen"? 

I'm hoping so.
How would we find out? 


2011-04-28 11:44 AM
in reply to: #3470049

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Subject: RE: Obama's birth certificate ...
UWMadTri - 2011-04-27 6:22 PM

As a person who normally gets his panties in a bunch when anything political drops, I'm just laughing that this is and ever was an issue. This is equally as stupid as people calling into question Bush's ability to lead the nation because he used to drink a lot and curse on camera. We are all entitled to our opinions about why someone is or is not qualified to lead a country, but when you get a groundswell movement towards absolutely stupidity, something else is at work in our country that has nothing to do with fixing the problems of said country.

The most ridiculous part is this:

http://www.buzzfeed.com/mjs538/top-20-crazy-tea-party-reactions-to-obamas-birth

 

I work work people like this.  It's sad really.  I told them they were whack jobs, they said I was un-american.  [shakes head]

I'm referring to the link, not UWMadTri.  Sorry, that came out ambiguous.

 ETA: clarification



Edited by jgaither 2011-04-28 11:49 AM
2011-04-28 11:47 AM
in reply to: #3471357

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Subject: RE: Obama's birth certificate ...
dontracy - 2011-04-28 11:32 AM

MikeTheBear -  Ever consider that under the law of the State of Hawaii, a "birth certificate" is called a "certificate of live birth?" Kind of like in some states, the person who administers an estate is called an "executor" while other states call such person a "personal representative." Sure, the name is different, but the FUNCTION IS EXACTLY THE SAME.


Mike, do you know if that's the case here with the term "natural born citizen"?
Is it a case of that term being interchangeable with "born a citizen"? 

I'm hoping so.
How would we find out? 


I don't know. Honestly, I don't recall this issue ever coming up, and I've never read any case law on it. I guess I just assumed it meant you were born on U.S. soil or else fit into one of the exceptions that made one a citizen at birth, e.g., born abroad but to U.S. citizens serving as diplomats. And I've never heard of the rule that a person born in the U.S. but tp a parent who is a British subject who is in the U.S. legally somehow vitiates U.S. citizenship by virtue of the parent's status as a British subject. The only exception I can think of would, again, be in the context of the diplomatic corps. If British citizens serving as diplomats had a child in the U.S., I'm pretty sure that child would not be a U.S. citizen.
2011-04-28 11:56 AM
in reply to: #3468475

Elite
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Subject: RE: Obama's birth certificate ...
And to complete your question, Don, I don't know how we would find out other than going back through all of the various documents the Founders wrote. As I said, I always took the phrase to "natural born" to mean being a U.S. citizen at birth rather than an immigrant who became a naturalized citizen. But unfortunately, I am not considered an authority on the law even if I personally think that I am.
2011-04-28 12:05 PM
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Melon Presser
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Subject: RE: Obama's birth certificate ...

WAIDAMINIT!

Does that mean I can't be President? But I'm turning 35 this year and I'm a nonwhite Republican female who actually knows an awful lot about politickin' ... I'm the perfect upstart candidate!

I was born on U.S. soil to two non-U.S. citizens, neither of whom was a U.S. resident at the time.

2011-04-28 12:24 PM
in reply to: #3471391

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Subject: RE: Obama's birth certificate ...
jgaither - 2011-04-28 9:44 AM
UWMadTri - 2011-04-27 6:22 PM

As a person who normally gets his panties in a bunch when anything political drops, I'm just laughing that this is and ever was an issue. This is equally as stupid as people calling into question Bush's ability to lead the nation because he used to drink a lot and curse on camera. We are all entitled to our opinions about why someone is or is not qualified to lead a country, but when you get a groundswell movement towards absolutely stupidity, something else is at work in our country that has nothing to do with fixing the problems of said country.

The most ridiculous part is this:

http://www.buzzfeed.com/mjs538/top-20-crazy-tea-party-reactions-to-obamas-birth

 

I work work people like this.  It's sad really.  I told them they were whack jobs, they said I was un-american.  [shakes head]

I'm referring to the link, not UWMadTri.  Sorry, that came out ambiguous.

 ETA: clarification

I have far too many of these types in my Facebook friends list. One posted this gem this morning:
http://www.humanevents.com/article.php?id=43203

The best line:

Also on Twitter, former Alaska Gov. Sarah Palin (@SarahPalinUSA) tweeted and shifted the focus to the upcoming testimony of Federal Reserve Chairman Ben Bernanke: “Media: admit it, Trump forced the issue. Now, don't let the WH distract you w/the birth crt from what Bernanke says today. Stay focused, eh?”

Wait. If this is a distraction from the real issues, then why do they keep bringing it up? I'm so confused.



Edited by madkat 2011-04-28 12:24 PM


2011-04-28 12:31 PM
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Subject: RE: Obama's birth certificate ...
Goosedog - 2011-04-28 8:10 AM
DerekL - 2011-04-28 8:11 AM

In case anybody is wondering, the thread was cleaned up due to an inappropriate post that made sweeping generalizations about people.

I miss all the fun.

 


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2011-04-28 12:46 PM
in reply to: #3471247

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Subject: RE: Obama's birth certificate ...
madkat - 2011-04-28 11:56 AM

This:

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)

Thanks for the response.  I tried to look into this some, but the websites are just too annoying to read.  Mainly the issue is which law applies - the one in place now that you reference or the one at the time of Pres. Obama's birth (which the birther's argue that the then-different "lived in the US" requirement could not have been met by President Obama's mother based on her age at the time of birth).  So, I'm going to have to resign myself to not understanding the Mars situation and return to being indifferent.

 

2011-04-28 12:48 PM
in reply to: #3471498

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Subject: RE: Obama's birth certificate ...

madkat - 2011-04-28 1:24 PM If this is a distraction from the real issues, then why do they keep bringing it up? I'm so confused.

I ask myself this about the supporters of both parties.

 

2011-04-28 1:05 PM
in reply to: #3471441

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Subject: RE: Obama's birth certificate ...
TriAya - 

WAIDAMINIT!

Does that mean I can't be President? But I'm turning 35 this year and I'm a nonwhite Republican female who actually knows an awful lot about politickin' ... I'm the perfect upstart candidate!

I was born on U.S. soil to two non-U.S. citizens, neither of whom was a U.S. resident at the time.



I think we have our poster child for amending the second article of the Constitution!  
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