Is obama eligible to become president

[JERRYMAC]

Obama
Subject: Is Obama eligible to become President? :soapbox:
The article below by Thomas Sowell raises an important question

regarding the eligibility of Barack Obama to serve as President of the

United States . Recently, a reporter had gone to Hawaii and requested a copy

of Obama's birth certificate. The request was denied, and shortly thereafter

Obama issued a statement indicating that no one would be permitted to see

his birth certificate. At the time, I believed that his reaction was odd.

What could be so inflammatory about a birth certificate? Unless its contents

revealed that the subject was not eligible to serve as President.
The details revealed by Professor Sowell provide an explanation
for the unwillingness of Obama to allow access to his birth certificate.

This is not an arcane technicality. It could provoke a constitutional crisis if Obama were elected and found to be ineligible to serve.


CAN OBAMA LEGALLY BECOME PRESIDENT?

Thomas Sowell
Rose and Milton Friedman Senior Fellow
The Hoover Institution
Stanford University
Stanford, California 94305

It seems that Barack Obama is not qualified to be president after

all for the following reason:

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 Hawaii 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 Hawaii. 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 forementioned, she was a yo ung 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. Citizen 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. citizen 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 [naturalized citizen] would be very

interested 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.








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[NHMaster3015]

Ok, I'll go the other direction here. I suspect that Barack has access to some pretty top notch legal advise and I just can't see him or the DNC putting this much effort and money in if there is a chance he could be TKO'd on a technicality.
I have heard these arguments for some time now and even Limbaugh has dismissed them for the same reasons.

[Frankiarmz]

Hope this helps.:D
Posted June 12, 2008 2:59 PM

By John Crewdson

Just when you thought it was safe to turn on the TV......

It took some weeks to settle the ultimately irrelevant and immaterial question of whether Arizona Sen. John McCain, the presumptive Republican presidential nominee, was eligible to become president. Irrelevant and immaterial because, should McCain win the election, can you imagine the courts invalidating his triumph by declaring him constitutionally ineligible to hold the office to which he had just been elected? Been down that road, as I recall.

Nevertheless, senators from both parties (Patrick Leahy and Tom Coburn) and constitutional scholars of the left and right (Lawrence Tribe and Theodore Olsen) examined the law and the facts and announced that McCain, who was born to American parents in a U.S. naval hospital in the U.S.-administered Panama Canal Zone, met the Second Amendment's requirement that a president must be a "natural-born citizen."

The Constitution doesn't define "natural-born citizen;" as generations of jurists have pointed out, much of that document's brilliance lies in its ambiguity. But a little research showed that the question had actually been asked and answered way back in 1790, when the very first Congress passed a statute declaring that "the children of citizens of the United States, that may be borne beyond sea, or out of the limits of the United States, shall be considered as natural-born citizens of the United States." The Senate unanimously passed a resolution recognizing that "John Sidney McCain III is a natural-born citizen." On to more important things.

Or so we thought.

Now making the Internet rounds is a posting questioning whether McCain's presumptive Democratic opponent, Illinois Sen. Barack Obama is a natural-born citizen and therefore constitutionally qualified to be president. I suppose it was only a matter of time.


Anyway, this particular post, whose authorship is unclear, suggests that Obama is "not legally a U.S. natural-born citizen under to the law on the books at the time of his birth...". According to the poster, if only one parent was a U.S. citizen at the time of birth, the citizen-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." Obama's father, of course, was not an American citizen, having been born in Kenya. That leaves his mother, who was a natural-born citizen, but who was only 18 when Obama was born, on August 4, 1961. In the poster's opinion, Obama fails the constitutional test because his citizen-mother had not resided in the U.S. for five years after the age of 16--not old enough, at the time of Obama's birth, "to qualify her son for automatic U.S. citizenship."

Now pay strict attention, because I'm only going to explain this once: Is Barack Obama a natural-born citizen of the United States and therefore eligible to become president? The answer is yes, according to Ron Gotcher, a noted California immigration lawyer and The Swamp's resident expert on presidential eligibility.

"The poster's confusion," Gotcher writes, "is over the concepts of jus sanguinis and jus soli." Under jus sanguinis, a person's citizenship is transmitted "by the blood" - by inheritance from his or her parents or grandparents. In the United States, we recognize citizenship through parentage in a number of cases.

But it is not necessary to look to the statutes that deal with citizenship through jus sanguinis, since Senator Obama's citizenship derives from jus soli - citizenship through place of birth.

According to Gotcher, "The Fourteenth Amendment commands that "[a]ll 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."

"This was clarified by the Civil Rights Act of April 9, 1866, which provided that 'All persons born in the United States and not subject to any foreign power are declared to be citizens of the United States.'"

"Senator Obama was born in the State of Hawaii two years after it became a state on Aug.21, 1959 As such, he acquired United States citizenship automatically at birth. While it is not necessary to go into all of the other legal errors contained in the posting (and there are many), the simple fact is that, with rare exceptions (children of diplomats), everyone born in the United States is a citizen of the United States at birth."

But what about the age of Obama's mother? Remember jus soli--citizenship through place of birth? (c'mon--there IS going to be a quiz). In that case--which happens to be Obama's case--the age of the parents has nothing to do with anything. Under jus soli even the children of illegal aliens are U.S. citizens at birth--just ask the pregnant women from Mexico near the end of their third trimester who try to sneak across the border in hopes their child will be born in a San Diego hospital and leave with a U.S. birth certificate clutched in his or her tiny hand.

Except for the children of diplomats, every child born in the U.S. is a natural-born U.S. citizen, period. The parents could be citizens themselves, could be from France, could be Coneheads. Nothing else matters. Only if the child is born OUTSIDE the United States to one citizen-parent does the issue of the parents' age, citizenship, or whatever, come into play.

"All that matters is that the child is born here, " Gotcher says. "This is the reason that you are hearing so much fuss in Congress about changing the law that grants 'birthright citizenship.'" But even such a law, however unlikely to pass, would not be retroactive. If Barack Obama wins the presidential election he can begin choosing the furniture for the Oval Office without watching for immigration agents over his shoulder.

[CWSmith]

Amazing what some people believe!

http://www.snopes.com/politics/obama/citizen.asp


CWS

[NHMaster3015]

Nice post Frankie, you saved me all the time it must have taken to type that. Though I remember Rush going through the speil a couple weeks back. It's amazing the things people trot out at election time. As though Obama is'nt at least smart enough to know wether or not he's eligable to run. Geeze folks, give me a break and go back to the search for sachquatch.

[CWSmith]

Similar story came out several months ago about McCain, because he was born in Panama!

But being born on a U.S. Military base, anywhere in the world, is the same as being born in the continental U.S.

CWS

[Frankiarmz]

Nice post Frankie, you saved me all the time it must have taken to type that. Though I remember Rush going through the speil a couple weeks back. It's amazing the things people trot out at election time. As though Obama is'nt at least smart enough to know wether or not he's eligable to run. Geeze folks, give me a break and go back to the search for sachquatch.

Glad it helped. I Google things like this as soon as I hear them to see if there is an opposing view or more helpful information. When I read through the information I got on this Obama thing it made sense so I copied and pasted it here. I agree there is a lot of misinformation. I think we have already learned some disturbing things about Obama and we may hear more that are truthful before this is all over. I just wish our legislators would get moving and come up with some good ideas to help us now.