Here's what I don't get, has anyone ever questioned the citizenship of Obama's mother? If his mother is a US citizen, he is a US citizen. Period. Full stop. It doesn't matter where he was born. It doesn't matter what his father wrote on a birth certificate that may or may not exist. Here's two Supreme Court rulings:
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- United States v. Wong Kim Ark, 169 U.S. 649 (1898): In this case, the majority of the Court held that a child born in U.S. territory to parents who were subjects of the emperor of China and who were not eligible for U.S. citizenship, but who had a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the emperor of China was a U.S. Citizen.
The Court stated that:
The constitution nowhere defines the meaning of these words [
citizen and
natural born citizen], either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.'
[18]
Since there was no definition of "natural born citizen" found in the constitution, the majority adopted the common law of England that was a carry over from feudal times.
The court ruled:
It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, and the jurisdiction of the English sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign state, or of an alien enemy in hostile occupation of the place where the child was born. III. The same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established.
The dissent argued that the meaning of the subject to the jurisdiction language found in 14th Amendment was the same as that found in the 1866 Civil Rights Act, which provides: All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States. On the meaning of natural born citizen, the dissent also cited the treatise on international law by
Emerich de Vattel entitled The Law of Nations which may have influenced the drafters of the original constitution:
[19] "The natives, or natural-born citizens, are those born in the country, of parents who are citizens."
[20] The dissenters also noted that:
it is unreasonable to conclude that 'natural born citizen' applied to everybody born within the geographical tract known as the United States, irrespective of circumstances; and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay, or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.
[18]
- Perkins v. Elg, 307 U.S. 325 (1939): The U.S. Supreme Court concluded that Marie Elizabeth Elg, who was born in the United States of Swedish parents naturalized in the United States, had not lost her birthright U.S. citizenship because of her removal during minority to Sweden and was entitled to all the rights and privileges of that U.S. citizenship. In this case, the U.S. Supreme Court affirmed the decree that declared Elg "to be a natural born citizen of the United States."
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That pretty much sums it up. If he was born in America, he is a US citizen. If either of his parents were US citizens, he's a US citizen regardless of where he was born. Either way, he's legit.