Obama ineligible to be president???

[Strut10]

© 2008 WorldNetDaily

Barack Obama

Bloggers are raising questions about Illinois Sen. Barack Obama's qualifications to be U.S. president, because of the secrecy over his birth certificate and the requirement presidents be "natural-born" U.S. citizens.

Jim Geraghty, reporting on the Campaign Spot, a National Review blog, cited the "unlikely" but still circulating rumor that Obama was born not within the United States, but elsewhere, possibly Kenya.

Geraghty defined the concerns most clearly, stating: "If Obama were born outside the United States, one could argue that he would not meet the legal definition of natural-born citizen … because U.S. law at the time of his birth required his natural-born parent (his mother) to have resided in the United States for '10 years, at least [f]ive of which had to be after the age of 16.'"

He then points out Ann Dunham, Obama's mother, was 18 when Obama was born "so she wouldn't have met the requirement of five years after the age of 16."

Geraghty continues: " (Interestingly, apparently there isn't much paperwork on Obama's parents' marriage. 'Obama: From Promise to Power,' page. 27: 'Obama later confessed that he never searched for the government documents on the marriage, although Madelyn (Obama's maternal grandmother) insisted they were legally married.' Also note that Obama's father apparently was not legally divorced from his first wife back in Kenya at the time, a point of contention that ultimately led to their separation.)"

The reports released to date show Obama was born in Honolulu to Barack Hussein Obama Sr., of Nyangoma-Kogelo, Kenya, and Ann Dunham, of Wichita, Kan.

According to FindLaw.com, which is cited by Geraghty, the requirements that were in force from Dec. 24, 1952 to Nov. 13, 1986, encompassing the time of Obama's birth, state, "If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least 10 years, at least five of which had to be after the age of 16."

Obama's father, a student sent to the United States from Africa, lived several places in the United States while attending class. He then returned to his homeland. Obama's mother later married another man and moved to Indonesia.

Geraghty said the Obama campaign could "debunk" the rumors about his birth simply by releasing a copy of his birth certificate, but the campaign has so far chosen not to do that.

"The campaign cited the birth certificate in their 'Fact Check' on William Ayers, so presumably, someone in the campaign has access to it," he said.

Hawaii doesn't make public information from birth certificates.

"If the concern of the Obama campaign is that the certificate includes his Social Security number or some other data that could be useful to identity thieves, that information could easily be blocked out and the rest released. (Although I wonder if identity thieves would find Obama a tougher than usual target, since using the name on purchases would almost inevitably bring closer scrutiny.)," Geraghty said.

The Obama campaign repeatedly has declined to respond to WND requests for comment.

[buckee]

Why hasn't someone in authority picked up on this before now ?

[stevebeilgard]

obama was born to an american mother. as long as his mother did not renounce her u.s. citizenship prior to his birth, obama is a citizen no matter where he was born. since it was impossible for her to have lived 5 years in america after she was 16, (she had obama at 18), the 5 year thing would automatically be waved.

trust me, greater minds have thought this through, on both sides of the aisle. if there were a shred of a problem, it would have been taken care of long ago.

[nativetexan]

One can dream...

[wtnhunt]

Steve B's reply I believe is correct on Obama's mother as she was a natural born citizen here.

Here is a bit more on this Don http://immigration.findlaw.com/immigration/immigration-citizenship-naturalization/immigration-citizenship-naturalization-did-you-know(1).html

From the findlaw site, number 4 is the one you quoted:

In many circumstances, even though a child is born outside the United States, if at least one parent was a U.S. citizen at the time of the child's birth, the child automatically "acquires citizenship" (the legal term for this situation). When this child marries and has children, those children may also acquire U.S. citizenship at birth.

The laws governing whether or not a child born outside of the United States acquires U.S. citizenship from his or her parents have changed several times. The law that was in effect on the date of the child's birth determines whether he or she acquired U.S. citizenship from a parent or grandparent.

If there is anyone in your direct line of ancestry who may be a U.S. citizen, it is worth your time to read what the laws were on the date of your birth and his or hers. Many people are pleasantly surprised to find their quest for a green card ended by the discovery that they are already U.S. citizens.

Following is a brief history of the citizenship laws.

1. Prior to May 24, 1934

Before May 24, 1934, the law provided that only fathers could pass U.S. citizenship to their children. The rules were simple: If a U.S. citizen father resided in the United States at some time before the child's birth, the child automatically acquired citizenship. When and for how long the father lived in the United States didn't matter. Technically, a day or a week would be enough if it could be regarded as a residence and not just a visit.

The child didn't have to do anything special to keep his or her U.S. citizenship. These rules also applied to children born outside of marriage if the U.S. citizen father legally legitimated the child at some point.

This law was challenged several times on the grounds that it was discriminatory -- and some courts held that mothers could also pass citizenship to their children. Congress finally addressed the issue in 1994 and amended the law retroactively, providing that either parent could pass U.S. citizenship to children under this law.

Therefore, if you were born before May 24, 1934, and either of your parents was a U.S. citizen, that citizenship might have been passed on to you. Also keep in mind that if one of your parents was born before May 24, 1934, he or she may have acquired U.S. citizenship from his or her parents. That citizenship could have passed to you under laws in existence at a later date. Checking the family tree may be worth your while.

2. May 25, 1934 to January 12, 1941

If you were born between May 25, 1934 and January 12, 1941, you acquired U.S. citizenship at birth if both your parents were U.S. citizens and at least one lived in the United States before you were born. You didn't have to do anything special to keep your U.S. citizenship.

You could also get U.S. citizenship if only one of your parents was a U.S. citizen, as long as that parent lived in the United States at some time. If your U.S. citizenship came from only one parent, you would have been required to reside in the United States for at least two years between the ages of 14 and 28 in order to retain your citizenship. If the one U.S. citizen parent was your father and you were born outside of marriage, the same rules applied if your father legally legitimated you.

3. January 13, 1941 to December 23, 1952

If you were born between January 13, 1941 and December 23, 1952, you automatically acquired U.S. citizenship if both your parents were U.S. citizens and at least one had a prior residence in the United States. You didn't have to do anything special to keep your U.S. citizenship.

If only one parent was a U.S. citizen, that parent must have lived in the United States for at least ten years prior to your birth, and at least five of those years must have been after your parent reached the age of 16. To keep your citizenship, you must have lived in the United States for at least two years between the ages of 14 and 28 (called a residence requirement). However, as a result of a U.S. Supreme Court decision, if you were born after October 9, 1952, your parent still had to fulfill the residence requirement in order to pass citizenship to you, but your own residence requirements for retaining U.S. citizenship were abolished. If your one U.S. citizen parent was your father and you were born outside of marriage, the same rules applied if your father legally legitimated you before your 21st birthday and you were unmarried at the time.

4. December 24, 1952 to November 13, 1986

If, at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it. If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimation occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday.

[Texan_Til_I_Die]

I think that blog you quoted is a bit old. Obama has released his birth certificate and there was nothing unusual on it.

And here's an interesting bit of trivia, McCain actually was born outside the U.S. His father was in the military and was stationed in Panama (I think?) and his wife was there with him when she gave birth.

But that doesn't pose any constitutional problems for McCain's eligibility. That was all hashed out during his 2000 presidential run.