Daily Archives: December 9, 2008

US Supreme Court Dismisses Barack Obama Birth Certificate Case

In a move that will upset conspiracy theorists, UFO proponents, and racists throughout the country, the US Supreme Court has dismissed the Barack Obama Birth Certificate Case. This case was brought as an emergency by a crackpot from New Jersey who was trying to make the case that because Barack Obama’s Father was a British Citizen, Barack wasn’t a “Natural Born Citizen”. There was no definition given for a natural born citizen in the US Constitution. So in 1795, that’s right 1795 our forefathers decided they would clear this up and passed the Naturalization Act of 1975. Many of the forefathers that were at the Constitution Convention were involved in the crafting and the passing of this legislation of Title 8 of the U.S. Code filling in the gaps of US Citizenship. Its sad that a politically motivated case like this can actually be brought to our court system but it proves the court is accessible to everybody, even wackos. So for future reference, this is who qualities as a citizen:

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: “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.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

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.

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

Information on Citizenship
Chicago Tribune story on the Obama Birth Certificate Case


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