Obama ineligible to hold the office of POTUS? - U.S. Politics Online: A Political Discussion Forum

Tautog · #1 (**permalink**) 06-12-2008

Apparently, due to a technicality, Barrack Obama may not be a natural born citizen, even though he was born in Hawaii. Story is here:

Obama Hussein isn't eligible to be President | The TIW Blog

Quote:

Barack Obama is not legally a U.S. Natural-born citizen according to the law on the books at the time of his birth, which falls between “December 24, 1952 to November 13, 1986? . Presidential office requires a natural-born citizen if the child was not born to two U.S. Citizen parents, which of course is what exempts John McCain though he was born in the Panama Canal. US Law very clearly stipulates: “…If only one parent was a U.S. Citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16.” Barack Obama’s father was not a U.S. Citizen and Obama’s mother was only 18 when Obama was born, which means though she had been a U.S. Citizen for 10 years, (or citizen perhaps because of Hawai’i being a territory) the mother fails the test for being so for at least 5 years **prior to** Barack Obama’s birth, but *after* age 16. It doesn’t matter *after* . In essence, she was not old enough to qualify her son for automatic U.S. Citizenship. At most, there were only 2 years elapsed since his mother turned 16 at the time of Barack Obama’s birth when she was 18 in Hawai’i. His mother would have needed to have been 16+5= 21 years old, at the time of Barack Obama’s birth for him to have been a natural-born citizen. As aformentioned, she was a young college student at the time and was not. Barack Obama was already 3 years old at that time his mother would have needed to have waited to have him as the only U.S. Cizen parent. Obama instead should have been naturalized, but even then, that would still disqualify him from holding the office.

*** Naturalized citizens are ineligible to hold the office of President. *** Though Barack Obama was sent back to Hawaii at age 10, all the other info does not matter because his mother is the one who needed to have been a U.S. Citzen for 10 years prior to his birth on August 4, 1961, with 5 of those years being after age 16. Further, Obama may have had to have remained in the country for some time to protect any citizenship he would have had, rather than living in Indonesia. Now you can see why Obama’s aides stopped his speech about how we technically have more than 50 states, because it would have led to this discovery. This is very clear cut and a blaring violation of U.S. Election law. I think the Gov. Of California would be very insterested in knowing this if Obama were elected President without being a natural-born U.S. Citizen, and it would set precedence. Stay tuned to your TV sets because I suspect some of this information will be leaking through over the next several days…

I first heard of this on the radio today at work, and looked it up when I got home. If it is proven that he is not a natural born citizen, not only would he have to drop out of the election for president, but he would have to resign from the senate as well. The Obama campaign is refusing to release the birth certificate, could they be hiding something? I don't really know how I feel about this - On the one hand I think Obama would be a horrible president and would hurt our country, yet on the other hand I'd hate to see the democratic process held up by some technicality. Anyone else heard about this?

Dilettante · #2 (**permalink**) 06-12-2008

Perhaps I'm missing something, but I don't think his parents have anything to do with it.

He was born in Hawaii in 1961 and thus (since Hawaii became a US state in 1959) he was born within the United States and was a therefore a citizen from birth. His parents could have been from anywhere, of any nationality; his citizenship is jus soli, (by right of soil) even if not jus sanguinis (by right of blood).

Otter · #3 (**permalink**) 06-12-2008

Quote:

Currently, Title 8 of the U.S. Code fills in those gaps. 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.

(from Constitutional Topic: Citizenship - The U.S. Constitution Online - USConstitution.net)

Hawai'i wasn't a state, but I believe it qualified as a posession.

TSGracchus · #4 (**permalink**) 06-12-2008

Correct. The requirements for holding the office of president are:

Quote:

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.

Article II, Section 1. As Hawaii was part of the U.S. at the time Obama was born, he is a natural born citizen, and he is also older than 35 and has been at least 14 years a resident of the U.S. There is nothing in the rules about people's parents.

In regard to his citizenship, we may refer to this:

Quote:

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.

Amendment 14. Again, no requirement having anything to do with the person's parents is stated. A person born in the U.S. is a U.S. citizen even if both parents were foreigners at the time, and a natural-born citizen at that, qualified to run for the White House upon reaching age 35 provided he/she has resided in the U.S. for at least 14 years.

The blog source is obviously not very good at constitutional law, and seems to be a bit shaky on other facts as well, since it refers to the Democratic candidate "Obama Hussein" and calls him a "jihadist." Even if one insists on using Obama's middle name instead of his first name for propaganda purposes it should be "Hussein Obama" not "Obama Hussein," and to call him a jihadist is absurd.

Dismiss. Next, please.

Edit: Otter, Obama was born in 1961, at which time Hawaii WAS a state. There is no ambiguity whatsoever.

drgoodtrips · #5 (**permalink**) 06-12-2008

Yeah, I'd imagine someone would have caught this by now, rather than the story being exposed by some crackpot with internet access that doesn't know the name of the candidate about which he's blogging.

Tautog · #6 (**permalink**) 06-12-2008

Quote:

Perhaps I'm missing something, but I don't think his parents have anything to do with it.

Thats pretty much what I thought when I first heard it too. This story may or may not have any truth behind it, but it does make you wonder why Barack is refusing to give up his birth certificate..

Jason Marcel · #7 (**permalink**) 06-12-2008

Quote:

Originally Posted by Tautog

Thats pretty much what I thought when I first heard it too. This story may or may not have any truth behind it, but it does make you wonder why Barack is refusing to give up his birth certificate..

Obama released his birth certificate already.

Fight the Smears | The truth about Barack's birth certificate

Dilettante · #8 (**permalink**) 06-12-2008

Quote:

Originally Posted by Otter

(from Constitutional Topic: Citizenship - The U.S. Constitution Online - USConstitution.net)

Hawai'i wasn't a state, but I believe it qualified as a posession.

Allow me to quote myself (please note the dates):

Quote:

Originally Posted by Dilettante

He was born in Hawaii in 1961 and thus (since Hawaii became a US state in 1959) he was born within the United States and was a therefore a citizen from birth. His parents could have been from anywhere, of any nationality; his citizenship is jus soli, (by right of soil) even if not jus sanguinis (by right of blood).

He's as much a citizen as if he'd been born in Delaware or New Hampshire.

Si modo · #9 (**permalink**) 06-12-2008

McCain was born in Panama - not a US state.

*stirring the pot*

Tautog · #10 (**permalink**) 06-12-2008

Quote:

Obama released his birth certificate already.

Fight the Smears | The truth about Barack's birth certificate

If this is legit, then cool. - thats really all you had to post.

wrxsti · #11 (**permalink**) 06-12-2008

Much more interesting dirt found by googling Larry Sinclair.

By the way, just because he failed the polygraph does not mean Larry is not telling the truth. Polygraphs are notoriously unreliable (unlike Larry Sinclair).

Otter · #12 (**permalink**) 06-12-2008

Quote:

Originally Posted by Dilettante

Allow me to quote myself (please note the dates):

He's as much a citizen as if he'd been born in Delaware or New Hampshire.

Sorry, I must have reversed the dates in my head; you're correct. it's a total non-issue.

TSGracchus · #13 (**permalink**) 06-12-2008

Quote:

Originally Posted by Si modo

McCain was born in Panama - not a US state.

*stirring the pot*

LOL I'm not sure why, because that does sound like he isn't a "native born citizen," but I'm confident that this is a non-issue, too.

Traveler · #14 (**permalink**) 06-13-2008

Quote:

Originally Posted by drgoodtrips

Yeah, I'd imagine someone would have caught this by now, rather than the story being exposed by some crackpot with internet access that doesn't know the name of the candidate about which he's blogging.

Actually when Bere made a threadas to whether McCain was elligable or not i did think about this because of the change in residential requirement status's of parents to those born in the jurisdictive custody of US land or territory.

I didn't say anything at the time because i thought the Demcratic party was spelt Hillary Rodham Clinton at the time but this issue may now be raised actually...

Danny · #15 (**permalink**) 06-13-2008

lol @ this thread

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