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