Monday, July 27, 2009

Birther Facts?

I don't get the birther thing from the perspective that Obama is somehow not eligible to be POTUS. It doesn't seem like there is any concrete evidence to suggest that Obama is not a natural-born citizen.

Place of Birth

Kenya
  • If Obama was born in Kenya, then the fact that his mother was American citizen is covered under 8 U.S. Code Section 1401(g) which states:
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person.
  • If somehow his mother invalidated the clause by not being in the country for 5 consecutive years, it does not matter now. If she jetted off to Kenya for 2 weeks while pregnant with Obama, that's not going to get Obama removed from office no matter how hard some wish it might.

Hawaii

  • If Obama was born in Hawaii in 1961 as the child of a British subject and an American citizen, then he had dual citizenship. His campaign has admitted that.
  • Now, that might be a point for debate - should we have a President who once held dual citizenship? Unfortunately for those who believe it's important, it wasn't raised. It's a moot point now - unless, in 2012, we debate whether being a British subject at birth is what made Obama a socialist :)

The relevant Constitutional clause reads as follows:

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.

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