The definition of Natural Born Citizen. Please take note to bold area.

[sandrakae]

Okay I have been wondering this since President Obama announced his intent to run for President. When I was in the 4th grade. They taught us, if you are born outside of the United States and your parent is a U.S. Citizen, you are a natural born citizen. Please explain to my why millions of idiots were not taught the same thing in the 4th grade. Even if he were not born in the U.S he is still an U.S. natural born citizen. With that being said before anyone jumps at me. I believe without a doubt that he was born in Hawaii.


Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"
Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

[former9thward]

1. If you are referring to the part you put in bold it would not apply

to Obama if indeed he were born in another country. Other countries, such as Kenya, are not U.S. possessions.

[CreekDog]

3. he was born in Hawaii, period.

no conjecture, no nothing needed. he has the paperwork and he's in his 40's. it's over. the time to prove he's not a citizen was long ago and not now.

the citizenship debate is only fruitless speculation.

[former9thward]

4. I know where he was born.

I was replying to the OP who seemed to think the bolden print applied to Obama is some way. It doesn't. Maybe you should have read the OP.

[jberryhill]

11. You are correct, however the OP is incorrect on an irrelevant detail

The OP assumes that birthplace wouldn't matter.

Under the statute in effect in 1961, it would make a difference if he had been born in Kenya.

However, he was born in Honolulu, so the point is purely academic, and the OP is incorrect on the outcome under the hypothetical.

[lindalou65]

2. Hawaii became a state in 1959

so Obama was born in the USA! I lived in Hawaii in 1961 so I recall being there no too long after statehood.

[yellowcanine]

7. Even if he were born in 1958 he would still have been a citizen by virtue of being born in Hawaii.

Hawaii was a U.S. territory before it was a state. Citizenship extends to those born in U.S. territories.

Also Obama would have been a natural born citizen even if born in Kenya because his mother was a citizen.

[jberryhill]

12. Your last sentence is incorrect

The law on foreign births to US citizens was not the same in 1961 as the current statute cited in the OP.

Obama would not have qualified if born in Kenya, as the law at that time required the US parent to have lived in the US for at least four years after the age of 16. Ann Dunham was 18 in August 1961.

The way the law was written enabled wealthy families to send their pregnant teenage daughters on a "semester abroad" and not have any inconvenient souvenirs returning to the US.

[yellowcanine]

14. It might generate a court case but I believe that interpretation is incorrect and

would not be upheld by the SCOTUS. As far as I know there are no relevant cases but the newer law would likely prevail as the 14th amendment gives Congress the right define "natural born citizen" and therefore current law should prevail, regardless of when someone was born.

[MidwestTransplant]

5. The birthers don't understand the concept of natural born citizen.

They think that because one of his parents wasn't born in the USA or wasn't an American citizen he can't be president. For that they cite some 14th century writing about something or other without regard to US Supreme Court precedent. It's really quite funny. Anyway let them have at it an continue to marginalize their party. I am beginning to think Donald Trump is a DNC plant.

[nxylas]

6. If you say something often enough, it becomes true in Freeperland

You obviously just don't *understand* that both parents have to be born in the USA and pass the brown bag test in order for someone to be a US citizen. A-hyuk, libruls are so stoopid. Blah blah blah liberty blah blah James Madison blah blah founders' intent blah blah blah restoring the Republic.

[Joe Bacon]

8. According to Orly, Trump can't be President either!

Trump's mother was born in Scotland. According to Orly, he can't be President...

[madamesilverspurs]

9. They have their own dictionary,

in which 'natural-born' is defined as 'white'.


-

[jberryhill]

10. Obama is an NBC because he was born in Hawaii

Had he been born in Kenya, the operative portion of the law you quoted above was different in 1961, and the result would be different.

[BlueMTexpat]

13. The area that you should have bolded was this:

Anyone born inside the United States*

Hawaii was officially a state of the United States when Obama was born there, not a possession.

End of story.