US Supreme Court Dismisses Barack Obama Birth Certificate Case

equal_justice
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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8 Comments

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8 responses to “US Supreme Court Dismisses Barack Obama Birth Certificate Case

  1. Can you tell me who did your layout? I’ve been looking for one kind of like yours. Thank you.

  2. Thanks for posting the article, was certainly a great read!

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  4. paralegalnm

    Your article cited statute in harmony with the 14th Amendment of the Constitution.

    However, you made a leap of logic that doesn’t land safely on the side of valid conclusion.

    The 14th Amendment and 1401 define “citizens” and “nationals.” A natural born citizen is a natural conditon at birth outside the realm of statute.

    This seems unfair and privileged, but over 90% of United States citizens are natural born . . . free of foreign parent(s) or dual nationalities at birth.

    • stophate

      Actually it is is harmony with the Constitution because it is being decided by the system set up by our forefathers instead of fruitcakes like Philip Berg, Alan Keyes or Faux News.

      • paralegalnm

        John Jay contributed to the authorship of the constitution, asking George Washington to require presidential candidates be ‘natural born citizens’ in order to avoid a Commander in Chief to have foreign allegiance.

        Another author of the constitution, namely Sen. John Bingham . . . chief author of the 14th Amendment, defined a natural born citizen as having parents of one allegiance and born solely under U.S. jurisdiction.

        The law of allegiance, liege, and such common law terms of art is readily available . . . the natural allegiance of a child flows from the father.

        Barack Obama was born of a British East African father, a Kenyan. Obama has no evidence of birth in Hawaii . . . of which birth at best only devolves dual nationality.

        Born in Kenya (or Hawaii), Obama was born a British subject and U.S. law only conferred U.S. nationality, which does not rise to the level of citizenship.

        To make a long story short, Obama was briefly a U.S. citizen after Obama, Sr. abandoned the family until his mother naturalized him as an Indonesian by marriage. Obama finally became a U.S. citizen again at age 19, or possibly as late as age 28.

        In comparison, a ‘natural born citizen’ has no other citizenship or possible nationality at birth. None . . . Zero . . . Zip . . . Nada . . .

        8 USC 1401 describes a native born citizen, . . . there is no statute required to define a natural born citizen, which 90% of us are . . . two U.S. citizen parents.

  5. paralegalnm

    Your citation of law and interpretation is flawed.
    8 U.S.C. 1401 does not say a citizen is ‘anyone born in the United States . . .’

    It adds, ‘. . . and subject to the jurisdiction thereof.’

    This is critical. The meaning of ‘jurisdiction’ is allegiance, and under the legal protections of.

    This puts into doubt current interpretation allowing children of illegal aliens citizenship. The Supreme Court has allowed children of ‘legal’ residents jus soli citizenship. See the Elg and Wong Kim Ark cases. Immigrants of legal residency are willful subjects under U.S. law and treaties . . . illegal aliens are not.

    For a full discussion, please visit an article on WordPress at: http://paralegalnm.wordpress.com/2009/02/27/barack-hussein-obama-a-natural-born-subject-of-great-britain/

    As for Berg, Taitz, Donofrio, Appuzo, and Alan Keyes, I have found flaws in their legal filings . . . but only due to the haste involved in trying to prevent a violation of Constitutional law.

    I think your attempt to call them ‘wackos’ falls short considering your lack of understanding of the law.

  6. stophate

    At the current time, any child born on US soil regardless of the status of the parents becomes a US citizen.

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