Sunday, April 3, 2011

The Obama Birth Certificate Controversy - Part III

Part III -- What constitutes a status of "natural-born citizen"?

The section of the 1940 Naturalization Act quoted in Part II is what is referenced to prove the argument that Obama is not a natural-born citizen. However, the 1940 Naturalization Act was revised by the 1952 Naturalization Act, page 285, (g) to its present form as found in the current United States Code:
     (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:

So there it is. The intriguing argument that Obama is not a natural-born citizen and his birth certificate will prove it has struck out. The assertion that both of his parents must be United States citizens is incorrect all the way around, according to any version of the Naturalization Act (strike one). The argument that he was actually born in Kenya doesn't matter, as it wouldn't necessarily prevent Obama from being a valid natural-born citizen of the United States (strike two). Finally, the more convoluted argument that his mother who, although a United States citizen, was not old enough to qualify her son as also being a citizen, is taken from an out-dated version of the Naturalization Act (from 1940) that is no longer valid (strike three).

According to the Naturalization Act as it has existed from 1952 until current, even if he was born in Kenya, his mother fulfilled the requirements to grant natural-born citizenship to her son. Only if she renounced her American citizenship before Obama was born would he not be a legal citizen of the United States.

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