At Birth, Obama Was A British Subject & A Kenyan Citizen

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A British Subject At Birth

Attorney, Leo C. Donofrio, says the following discussion assumes Obama was born in Hawaii and is a United States citizen.

The purpose of this article is to highlight judicial and historical evidence suggesting that a "natural born citizen" must be born in the United States to parents who are citizens. By that definition, Obama is not eligible to be president. Therefore, his presidency and official administrative acts remain subject to being rendered void by the Supreme Court.

At the official Obama campaign website -- FightTheSmears.com -- just below the Certification of Live Birth (COLB) -- the following admission was also published:
In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (assuming he was born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.
 
The constitutional question presented is whether a person born with citizenship in and allegiance to a foreign nation can be considered a "natural born" citizen of the United States as required by Article II, Section 1.

The U.S. State Department's Foreign Affairs Manual discusses problems associated with dual citizenship:
    

7 FAM 081: U.S. Policy on Dual Nationality:

(e)  While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

    
This helps explain why the definition of "natural born" citizen as one born in the nation to parents who are citizens makes perfect sense in that such a person will not be infected by dual-allegiance problems.  If the parents are citizens, neither will confer allegiance to a foreign nation.  Additionally, if one is born on soil foreign to the parents, that nation is likely to recognize the person as a citizen.  Owing allegiance to more than one nation is an unnatural circumstance of citizenship.

While the Constitution requires representatives, senators and presidents to be citizens, Article II, Section 1, additionally requires that the president's citizenship be "natural born."  A natural born citizen is not a higher level of citizen.  "Natural born" simply describes a circumstance of citizenship.

Continue reading here . . .

This stuff has been archived in The Obama File for two years, but it is worth revisiting.  This item describes the law and the facts that apply to Obama's eligibility.
Obama Is Eligible For President -- Of Kenya
Jerome Corsi says that under the new Kenyan constitution, Barack Obama is a citizen of Kenya, by birth and is eligible to be elected president of Kenya, whether he was born in Kenya or not.

The East African nation's new constitution was officially published as a proposal May 6 and was ratified as published August 4 in a national referendum with 67 percent approval.
      
The newly ratified Kenyan constitution, Chapter 3, Section 14(1), entitled "Citizenship by birth," reads: "A person is a citizen by birth if on the day of the person's birth, whether or not the person is born in Kenya, either the mother or father of the person is a Kenyan citizen."  Upon Obama's birth, Aug. 4, 1961, his father, Barack Obama Sr., was a Kenyan citizen, thereby conferring on his son Kenyan citizenship.

Chapter 3, Section 16 of the Kenyan Constitution specifies, "A citizen by birth does not lose citizenship by acquiring the citizenship of another country," making clear that U.S. citizenship is not an impediment for Obama also being a Kenyan citizen.  The constitution suggests that all Obama would need to do to make his Kenyan citizenship effective again is to apply for reinstatement.

Chapter 14, Section 14(5) reads, "A person who is a Kenyan citizen by birth and who, on the effective date, has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship."

Unlike the U.S. Constitution, the Kenyan constitution does not require that a candidate for president be "a natural born citizen."  All that is required in Chapter 9, Part 2, Section 137(1)(a) to qualify to run for the presidency of Kenya is that a person be a citizen by birth, a qualification Obama meets because, at his birth, his father was a Kenyan citizen.

Chapter 9, Part 2, Section 137(1)(b) also requires that a presidential candidate be qualified to stand for election as a member of parliament.

Chapter 8, Part 2, Section 99(2)(c) requires that to qualify as a candidate for parliament, a person must only have been a citizen for the 10 years immediately preceding the date of the election.

Since Obama is a Kenyan citizen by birth under terms of the new Kenyan constitution, he qualifies to be a member of the Kenyan parliament now, a condition which then equally qualifies him to run for president of Kenya.

Even under the most stringent requirement, Obama would only need to reapply to Kenya to make sure his Kenyan citizenship is current.  In the process, Obama would not need to renounce his U.S. citizenship, since the new Kenyan constitution allows Kenyan citizens to be dual citizens.
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