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Monday, August 25, 2008

More on Obama's citizenship, for interested parties.SURPRISE! Final word on the Obama Citizenship Issue (See final paragraph)

Thanks, A.M.
Here's the "final word" on the Obama Citizenship Issue (well,
maybe not).  At least it does seem to be a reasoned, reasonable
analysis of the situation.  (POTUS means President of The U.S.)
= = = = = = = =
Since the question of Obama's eligibility for POTUS has been called into
question ad nauseum, I thought I would research the law and assemble all
of the arguments about Obama's citizenship in one place. Please note that
everything in this message is readily available to anyone. There are no
smoke and mirrors here.

First for the background, the U. S. Constitution requires that the POTUS
must be a natural born citizen (Article II, Section 1). It does not
define natural born citizen. The constitution does give congress the
authority to make laws regarding naturalization (Article I, Section 8).

There have been two questions raised as to Obama's eligibility to run for
president. They are:
1) Is he a natural born citizen?
2) Assuming that he was a natural born citizen, has he since lost that

First, let us look at the question regarding natural born citizenship. The
law in question is Sec. 301. [8 U.S.C. 1401].

Obama's mother was a U. S. Citizen. That is not in dispute. Obama's
mother, at one time, lived in the U. S. That is not in dispute. Obama's
father was not a U. S. citizen.

Citizenship by jus solis applies to anyone born on U. S. soil. Those
persons (with a few non-applicable exceptions) are natural born citizens,
period. There are no other conditions that must be met. It does not
matter if the parents lived in the U. S. It does not matter if the
parents were U. S. citizens. If he was born on U. S. soil, he is a
natural born citizen, end of discussion (see Sec. 301. [8 U.S.C.

Let us assume that Obama was not born on U. S. soil. What happens then?
At the time of his birth, the law required that if only one parent was a
U. S. citizen (which applies here), that parent must have lived in the U.
S. for ten years, of which 5 years must have been after the age of 14 (not
16). Given these requirements, it would appear that Obama does not
qualify, BUT, congress changed the law after his birth and made it
retroactive. This is now one condition in the present law, and I quote
(Sec. 301. [8 U.S.C. 1401](h)):
(h) a person born before noon (Eastern Standard Time) May 24, 1934,
outside the limits and jurisdiction of the United States of an alien
father and a mother who is a citizen of the United States who, prior to
the birth of such person, had resided in the United States. 302 persons
born in Puerto Rico on or after April 11, 1899
Obama must only meet the following conditions:
1) He was born after noon (Easter Standard Time) May 24, 1943.
2) He had an alien father.
3) He had a U. S. citizen mother.
4) His mother had resided in the United States.
Assuming that Obama was born in Kenya, or somewhere else, Obama meets all
of the above conditions. It does not matter what the law said at the time
of his birth. This is what the law says now. He qualifies under
paragraph (h) to be a natural born citizen.

Now let us address the issue of loss of citizenship. One allegation is
that Obama was adopted by an Indonesian father and was granted citizenship
in that country. Such citizenship, if he even had it, does not revoke his
U. S. citizenship.

There is a misconception that the U. S. does not permit dual citizenship.
According to the State Department, it does. I will spare you the details.
You can look for yourself here:

Now let us assume that Obama is/was a natural born citizen and
subsequently became a dual citizen of Indonesia. What could he have done
to lose his U. S. citizenship. Once again, the State Department has the
answers to this question. This is what it says:
"However, a person who acquires a foreign citizenship by applying for it
may lose U.S. citizenship. In order to lose U.S. citizenship, the law
requires that the person must apply for the foreign citizenship
voluntarily, by free choice, and with the intention to give up U.S.

Does being adopted as a minor constitute "free choice"? Not likely So
assuming that Obama was a natural born citizen and he was adopted and he
did become a citizen of Indonesia, was that cause to lose his U. S.
citizenship? No.

So, has Obama done anything voluntarily that could have caused him to lose
his U. S. citizenship? One idea floated is that he traveled on an
Indonesian passport to Pakistan in 1981. He would have been 20 at the

So, does travel on a foreign passport cause one to lose U. S. citizenship?
Not according to the state department. They have this to say:
"Use of the foreign passport does not endanger U.S. citizenship."

This issue of Obama and citizenship is a smokescreen. I would not be
surprised to discover that this is being perpetrated by democrats to get
us off the real issue. Obama is, to quote Cindy, a raging socialist.
Americans, by and large, do not like socialism. If we can beat that into
people's heads, we can beat Obama.
We are not going to beat him using the
Don Quixote approach. The birth certificate is a windmill and we are
wasting our time jousting with it.

David Hoobler

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