Birthers: Is President Obama a US citizen according to US law?

[gadjitfreek]

Run time: 03:04 https://www.youtube.com/watch?v=_KWp_a95so8   Posted on YouTube: April 18, 2011 By YouTube Member: Cry4A10Tion Views on YouTube: 2   Posted on DU: April 18, 2011 By DU Member: gadjitfreek Views on DU: 1926

 
Look it up for yourself. U.S. Code Title 8, Chapter 12, Subchapter III, Part 1, section 1401.g. I elaborate here.

[Tx4obama]

1. Are the birthers going to try to deport Mitt Romney? His dad was born in Mexico! ;)

I haven't heard the birthers or the folks in Arizona hollering that Mitt is 'an anchor baby' yet :)

[gadjitfreek]

3. That's because Romney...

..."looks like them", not a scary black man with a Muslim-sounding name. If President Obama had been LeRoy Johnson or Terrence Wilks he would have had some other nonsense thrown his way to try to discredit and dehumanize him. I don't agree with a lot of what our President has done...he's been strong on rhetoric and weak on action...but this birther stuff is just ridiculous and patently racist in nature. No way around it.

[ejpoeta]

2. his mother was american.... so even if he were born in kenya or any other country

he would still be american. mccain was born in panama...... so is he not american? the fact that people are still discussing it is ridiculous.

[Grassy Knoll]

4. I Think "The Donald" has a new gal pal......

[abelenkpe]

5. Thank You!

My parents are tea-partying birthers. Really bugs me too as my hubby is from Ireland. I once asked my mom if she was worried my son wasn't a citizen. I mean she's never seen his birth certificate either. :P

[auntsue]

6. OMG - His MOTHER is a citizen

What else is necessary?

[szatmar666]

11. according to US law that should be enough even if he was born in Kenya

according to http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9679.html">INA 301 G)

(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 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) 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 (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

[MiniMe]

7. The birther question is not if Obama is a citizen or not

It is whether or not he is a natural born citizen as the constitution requires.

[gadjitfreek]

8. This section deals with that very issue.

He IS.

[pnwmom]

15. A natural born citizen is any citizen who didn't have to be naturalized.

No one born to a citizen or born in the U.S. needs to be naturalized -- they are all natural born citizens according to previous SCOTUS rulings.

[AsahinaKimi]

Dupe

Run time: 03:04 https://www.youtube.com/watch?v=_KWp_a95so8   Posted on YouTube: April 18, 2011 By YouTube Member: Cry4A10Tion Views on YouTube: 2   Posted on DU: April 18, 2011 By DU Member: AsahinaKimi Views on DU: 1926

 

[AsahinaKimi]

9. Just off the top of my head..

I would conclude that this birther nonsense is just the top layer of racism. Just a guess... and an opinion. (This from someone who like Obama, was born in the United States, whose father was a Japanese National, and whose Mother (Korean/Japanese) was born in NEW YORK F'KIN CITY!! :p

[jberryhill]

10. Try reading the operative section as it stood in 1961

It's been amended since then. The five year requirement used to apply entirely to five years after the age of 14.

[szatmar666]

12. doesn't apply anymore

(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 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) 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 (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This provison shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

[jberryhill]

22. Do you know what "this proviso" means?

The sentence beginning with "This proviso" is a reference back only to the sentence beginning "Provided".

The relation back to 1952 only applies in the circumstances specified in the sentence which says:

"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 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) 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 (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph."

The next sentence starts with "This proviso (i.e. that big long sentence starting with "provided") shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date."

Only the condition in the proviso is dated back.

[pnwmom]

13. New version applies to everyone born after 12/24/52, which includes Obama.

according to INA 301 G)

(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 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) 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 (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

[jberryhill]

20. Hon, "THIS PROVISO" refers only to the sentence beginning "Provided"

None of the conditions of which would be satisfied (in the idiotic hypothetical of a Kenyan birth).

You are not reading it right. It is not generally applicable back to 1952, but only applicable under the conditions stated in the proviso immediately preceding that sentence.

[jberryhill]

21. delete / wrong spot

[demwing]

25. "Used to apply" and now "Does not apply"

Only two years past the age of 14 is required. There is no stipulation in the amendment that the new law only affects those born after the law takes place. In contrast, it simply redefines the original law so as to broaden its scope -for ALL people.

Again, we know the law applies to all people, because the law does not specify that it is limited to any certain age group.

[pnwmom]

14. Thanks. This is the first time I've seen or read this.

Although it of course doesn't change the fact that Obama WAS born in Hawaii!

[szatmar666]

16. I went through this

I was at the time of the birth of our son an alien married to a US citizen abroad. Our son was born in Hungary with a Hungarian birth certificate: he is a natural born US citizen.

[pnwmom]

18. He certainly is! n/t

[RoccoR5955]

17. When some birther questions Obama's birth, I retaliate with the fact

that Panama John McCain wasn't born in the US, and it says it on his birth certificate. So if they are going to complain about Obama, they should be complaining about McCain as well!

[pnwmom]

19. A lot of teabaggers hate McCain, so they wouldn't care

if this interpretation excluded him.

[LastLiberal in PalmSprings]

23. Why is this issue so important to the birthers?

My thought is that besides being racists, the birthers believe that if they can prove Obama is not legally the president it rolls back the clock to his inauguration. Everything he has done since he took the oath of office will be null and void, and we'll return to the "good old days" of GWB.

[WhoIsNumberNone]

24. Just as I've been saying since day 1 of this birther crap

The birthers are trying to make out like "Natural Born Citizen" means something different when one is running for President. It means he was born a citizen- not naturalized. GET OVER IT BIRTHER MORONS! FACE FACTS: YOU LOST THE ELECTION!

I'd also point out that in 2001 there were Republicans who were actually talking about amending the Constitution so that Arnold Schwarzenegger would be able to run for President in 2008. Where were the birthers then?