I pretty much ignored all the "birther" threads... until Jon Stewart

[question everything]

really made fun of it.

Still, even if the President was not born in the United States, his mother was a U.S. Citizen, I don't think anyone doubts that. So doesn't this make her child an American citizens? Isn't her daughter - Maya Soetoro-Ng who was born in Indonesia - a U.S. Citizen?

What kind of logic - a warped one - are they using?

[DRoseDARs]

1. No, his mother being a US citizen is not enough. His having been born in Hawaii after statehood is.

The US Constitution is explicit on this. Though, the reason for the rule is quaint and has limited bearing on things 200+ years later. Obama's citizenship is unquestionable, but McCain was in citizenship limbo as he was born in the Panama Canal Zone before its status was settled legally.

[Meshuga]

2. According to the state department it is enough

A child of a US Citizen who is born abroad acquires US citizenship at birth under Section 301(g). This is called "Acquisition of U.S. Citizenship"

http://travel.state.gov/law/info/info_609.html

Obama's mother and her parents could pass citizenship to him. But the whole birther thing is stupid anyway since it has been debunked.

[polmaven]

6. It is enough for him to be citizen,

but not enough to be president. For that a one must have been born on American soil.

Some of the birthers are now saying that the Constitution requires that both of the parents be citizens as well, in order for "Natural Born Citizen" to apply.

I do think that their supply of straws is really being depleted quickly, now.

[Oregone]

8. But was the Panama Canal Zone "American Soil"?

Referring to McCain after all...it seems the entire law is a bit arbitrary to start with when you start delving into it.

[polmaven]

11. Actually, yes..

Because he was born on an American base, there, it is considered to be "American soil".

[ieoeja]

13. Except the base hospital was under construction at the time. So he was born off base. n/t

[Oregone]

19. "considered" seems arbitrary

Was the land leased? Or was it actual declared territory of the US, and ceded/sold at a later time?

[BalancedGoat]

18. I don't think that was the same when Obama was born.

If he hadn't been born in the US I don't think he would've been a citizen.

"A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child)"

Since his mother was only 18 at the time of his birth she wouldn't have been living in the US for long enough after her 15th birthday for her citizenship to transfer to Obama.

But the whole point is renderred moot by the fact that he was born here.

[Honeycombe8]

23. I think the requirement to be President is that the person HAS to have been born in the U.S.

Citizenship isn't enough.

[question everything]

3. Thanks. Found it. The President has to be

"natural born citizen" meaning born in this country. Which made sense back then when so many were not.

And, yes, funny how they were not bothered by McCain's.

[dflprincess]

21. Do you have a link to any cases that says a "natural born citizen" has to be born on U.S. soil?

The Constituion (Article II, section 1) say you have to be a "natural born citizen" but does not define that as being born on U.S. soil. It could be argued that a child with an American parent is a "natural born citizen".

The 14 Amendment says "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States" but doesn't limit citizenship to those catagories. This amendment was passed to extend citizenship to freed slaves - but was not applied to Native Americans (All Native Americans were not made citizens until 1924 - go figure).

Just curious.

On edit:

NEVERMIND According to the link below, the question of "natural born" has never been decided once and for all. Though there is some thought the idea that you have to be born on U.S. soil sprang more from a case the Supreme Court refused to hear.

http://www.msnbc.msn.com/id/23415028

[Samantha]

22. I think you are correct

It is a murky issue made murkier by the Repubs distorting it. I have previously heard that discussion about the definition of natural born never legally, formally being settled in a court of law. But the Republicans are arrogant enough to think they can say whatever they want, and the American people are gullible enough to believe whatever they say.

My brother served overseas for 20 years. Two of his children were born in England. They were American citizens from the day of their birth, but they were also English citizens. He was told that when they turned 18, they would have to choose which citizenship they preferred.

Years have passed, and I have not heard that they made a formal declaration of choice. Perhaps they are dual citizens....

Sam

[WinkyDink]

4. The OP asked if he is still a CITIZEN. The answer is YES, with an American mother.

The Constitutional issue is a separate matter.

[question everything]

14. Thanks, I did not make that distinction, not realizing how specific

the Constitution is about "natural born citizen." And, of course, neither are the birhters who are talking about him being a citizen.

I doubt that many of them are aware of that distinction.

[customerserviceguy]

17. There is nothing else in our history

that requires the status of "natural born citizen". Since there have not been any serious contenders to test it, there is no case law regarding it.

It's just the way Thomas Jefferson wanted to flip the bird to Alexander Hamilton. And we're stuck with this 18th Century pissing match.

[Hamlette]

5. not ture, territory is not the problem, the problem is Section 301(g)

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

http://www.talkingpointsmemo.com/archives/2009/07/for_all_the_obvious_reasons.php#more?ref=fpblg

Obama was born a few weeks short of his mother's 19th birthday.

[dflprincess]

9. Even had Hawaii still been a territory at the time of his birth, he would have been

considered a citizen of the US.

Barry Goldwater was born in 1909 in Arizona which did not become a state until 1912. I don't know if anyone questioned his eligibility for the presidency.

[question everything]

15. Interesting!! And Goldwater was MISTER CONSERVATIVE

How would Lou Dobbs reply to this one?

[dflprincess]

20. By the time he died, Goldwater's brand of conservatism

had become "too liberal" for the nuts running the Republican party now. He was prochoice and pro Gay rights.

[rurallib]

7. I think Stewart really is on to something

No doubt someplace in this world conspirators are working on a similar evil plot to take the US over in 50 years.
A baby born of questionable citizenship groomed from the womb to say all the right things. Given dental care that will result in a dazzling smile. Diet designed to make him look like a god on earth. Americans can't be too careful! These people are incredibly dangerous and nefarious.
MY guess is that a Canadian and an American woman will mate and have a child in Niagara. Then using that inhumane Canadian health care system and schooling, this child will be groomed just like Obama was. Then he will be elected President and he will push through a Canadian style health care system

[Cleita]

10. I was born in a foreign country of one American parent born in the

continental USA and one soon to be American parent by naturalization. I always had an American passport and was considered American from birth, with the exception that I could not run for President or Vice President of the USA. This does make me wonder why John McCain gets a pass unless it was because he was born on a military base in Panama. It also makes me wonder why military brats get that exception and why those of us born overseas because our parents were working for American companies overseas don't. I have never been able to get a satisfactory answer from the government because, frankly I don't think the issue has been really defined. On the other hand if the laws keep Arnold Schwarzenegger from running for President I'm okay with them.

[windbreeze]

12. Mc Cain was NOT born on a military base in Panama...he was born

in a civilian hospital OFF BASE because the military base at that time did NOT have a hospital...but do you really believe that McCain would have faced this birth harassment, had he been elected...???something we will never know...it's true...however... imo, IF it were ever possible to get to the bottom of this, it's really about race...NOT about where Obama was born...There were those who stated before he was elected, that they would NEVER accept a black man as president...those people have gone nowhere...now they are shouting about where he was born...wb

[Cleita]

16. So that makes his attempt to become President even more

questionable. Yes, this attack on Obama is definitely about race and nothing else.