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Obama, the Putative U.S. President, was Born a British Subject Governed by the British Nationality Act of 1948, and is Currently also a British Protected Person and/or a British Citizen toThis Day.Obama is NOT a Natural Born Citizen of the USA!
A
ssumingthatObamawas  bornintheUnitedStates, hewasnotonlyborna dualnationaloftheUnitedStates andGreatBritain,butatpresent hecontinuestobesuch.Some maintainthatAmericanlawon citizenshipcannotbesubjectedto anyforeignlaw.Butsuchanar-gumentdoesnotresolvetheques-tionofObama’sdualnationality, foreachnationhasthesovereign righttomakeitsowncitizenship lawsandonenationcannotdeny anothernationthatright.This  pointcanbebetterunderstood whenweconsiderthatMcCain wasborninPanamatoU.S.citi-zenparentsandU.S.citizenship lawdeclaredhimaU.S.citizen eventhoughhewasborninPana-maandPanamanianlawmayhave declaredhimacitizenofPanama.  NeitherPanamanoranyotherna-tionquestionedtheUnitedStatesrighttopassalawthatgaveMc-CainU.S.citizenshipbydescent fromhisparentseventhoughhe wasborninPanama.GreatBrit-ain,beingasovereignnation,has thesamerightasdoestheUnited Statestopasssuchcitizenship laws.Nowletusexaminethe BritishlawthatappliestoObama andhisfatherandwhichmakes ObamaaBritishcitizennotonly atthetimeofhisbirthin1961but stilltoday.The British Nationality Act of 1948  provides in pertinent part as follows:
“4. Subject to the provisions of this  section, every person born within the United Kingdom and Colonies after the commencement of this  Act shall be a citizen of the United  Kingdom and Colonies by birth:  Provided that a person shall not besuch a citizen by virtue of this  section if at the time of his birth— (a) his father possesses such immu-nity from suit and legal process as is accorded to an envoy of a foreign  sovereign power accredited to His  Majesty, and is not a citizen of the United Kingdom and Colonies; or (b) his father is an enemy alien and the birth occurs in a place then un-der occupation by the enemy.5.—(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be acitizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth ....
UndertheBritishNationalityAct of1948,Obama’sfatherbecamea BritishcitizenunderSection4by  beingbornonthesoilofanEnglish Colony,Kenya.UnderSection5, whenObamawasbornin1961in Hawaiiorsomeotherplace,heau-tomaticallybecameaBritishcitizen  bydescentfromhisfatherwhowas aBritishcitizenunderSection4.Obama has deflected attention to his British citizenship by focusing the public’s attention on his for-mer Kenyan citizenship. Notwith-standing what Obama may lead the public to believe, this British citizenship is not a type of citizen-ship that he has since lost. More-over, this citizenship did not expire with Obama’s 21st birthday nor is it onethat had to be registered in any specified period of time.Chapter VI, Section 87 of the Ke-nyan Constitution specifies that:
“1. Every person who, having been born in Kenya, is on 11th Decem-ber, 1963 a citizen of the United  Kingdom and Colonies or a British  protected person shall become a citizen of Kenya on 12th December, 1963…2.Every person who, hav-ing been born outside Kenya. [sic] is on 11th December, 1963 a citizen ofthe United Kingdom and Colo-nies or a British protected person  shall. [sic] if his father becomes. [sic] . . . a citizen of Kenya by vir-tue of subjection (1). [sic] become acitizen of Kenya on 12th Decem-ber. [sic] 1963.”
UndertheKenyanConstitutionof 1963,Obama’sfatherandObama  becamecitizensofKenya.Butnei-therKenyasindependencefrom GreatBritain,northeKenyanCon-stitution,northeKenyanIndepen-denceActof1963,asamended, causedObamatolosehisBritish citizenshipwithwhichhewasborn. Obamaconcedesthathiscitizenship convertedfromBritishtoKenyan  butheaddsthathethenlostthis Kenyancitizenshipwhenhedidnot confirmituponreachingtheageof 21.Therearenoknownstatements fromeitherObamaorhiscampaign contendingthatheeventuallylost hisBritishcitizenship.Rather,the statementshavebeenthathisBrit-ishcitizenshipconvertedtoKenyan citizenshipwhenKenyaobtainedits independencefromGreatBritainin 1963andthathethenlostKenyan citizenshipundertheKenyancon-stitutionandlawswhenhedidnot renounceU.S.citizenshipatage21. ButsinceObamaneverlosthisBrit-ishcitizenship,itdoesnotmatter thatObamamayhavelosthisKe-nyancitizenshipashecontends.Let us now see how Obama did not lose his British citizenship. The Kenyan Constitution which came into effect in 1963 at Article 97  provides the following:
“97. Dual citizenship1.Aperson who, upon the attain-ment of the age of twenty-one years,
Obama is NOT anArticle II Natural Born Citizen and therefore is NOT Eligible to be President
The President and CINC of the USA Must be a “Natural Born” Citizen — U.S. Constitution,Article II, Section 1, Clause 5
No Person except a natural born Citizen, or aCitizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President
Per the British Nationality Act of 1948, Obama when born in 1961 was a BritishSubject at birth.Obama’s Father was NOT aU.S. Citizen, nor was hean Immigrant to the USA,nor was he even a PermanentResident of the USA.
The Law of Nations,Vattel, 1758.UsedbyBenFranklin,JohnJay,GeorgeWashington,andothers.Vol.1, Ch.19, Section 212:“natural-born citizens, are those born in the country,ofparents who are citizens”
 
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is a citizen of Kenya and also a citizen of some country other than  Kenya shall, subject to subsection (7), cease to be a citizen of Kenya uponthe specified date unless he hasrenounced his citizenship of that other country, taken the oath ofallegiance and, in the case of a  person who was born outside Ke-nya made and registered such dec-laration of his intentions concern-ing residence as may be prescribed byorunder an Act of Parliament.
While the Kenyan Constitution pro-hibits dual citizenship for adults, it allows dual citizenship for children. Kenya’s Constitution does, how-ever, specify that at age 21, Kenyan citizens who possess citizenship in more than one country automati-cally lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship, swear an oath of allegiance to Kenya, and in the case of a person who was born outside Kenya made and registered such declaration of his intentions concerningresidenceasmaybepre-scribed by or under anAct of Parlia-ment. It may be true that Obama did not take any action to preserve his Kenyan citizenship as was required  by the Kenyan constitution. But thereisnoevidencethatObamaever renounced his British citizenship which he originally acquired at his  birth under Section 5 of the British  Nationality Act of 1948 and which citizenship he did not lose under the Kenyan Independence Act of 1963, as amended. Whatever his father may have done regarding his Ke-nyan and/or British citizenship did not affect Obama’s British citizen-ship with which Obama was born. Hence, under the Kenyan Consti-tution, Obama presumably lost his Kenyan citizenship by not renounc-ing his U.S. (assuming he was born in the U.S.) and British citizenships,  by not taking an oath of allegiance to Kenya, and by not registering his declaration to take up residence in Kenya. But under British law, he did not lose his British citizenship  because he never renounced that citizenship.The fact that Obama still has British citizenship is further supported by the following:
UnderUnitedKingdomlawasit hasbeensincetheBritishNationality  Act,1948,theacquisitionofanother nationalitybyacitizenoftheUnited  KingdomandColonies,ofwhatever age,makesnodifferencewhateverto hisstatusasacitizenoftheUnited  KingdomandColonies,and,there- fore,heremainsaBritishsubject. Moreover, it is not possible, under United Kingdom law, for the na-tionality of a child who is a citizen ofthe United Kingdom and Colo-nies to be changed by the decision ofhis parents. Only the child, when hereaches the age of 21, can re-nounce his citizenship of the Unit-ed Kingdom and Colonies if he is then in possession of another na-tionality, but during the child’s mi-nority neither the child nor his par-ents can do anything to forfeit his birthright of British nationality.
Children Bill [Lords], HC Deb 27 June 1958 vol 590 cc743-830.
Itisnowthelawthatallpersons bornintheUnitedKingdomorits Colonies,orincountrieswhich wereColoniesatthetimewhenthey wereborn,haveBritishnationality whethertheyarelegitimateorille- gitimate....Also,itispartofourlaw thatchildrenofaBritishmaleborn abroadcanhaveBritishnationality.
British Nationality, HC Deb 16 July 1963 vol 681 cc341-3.Additionally, if one examines the British Nationality Act of 1981, as amended, there is nothing there which shows that Obama, once hav-ingtheBritishcitizenshipthatheac-quired by descent from his father at the time of his birth, automatically lost it at age 21. On the other hand, the act contains provisions concern-ing
“declarationofrenunciation”
at Section 10, 12, and 13. Not that doing so would make Obama anAr-ticle II
“naturalbornCitizen,there isnoevidencethatObamaeverfiled any“declarationofrenunciation
of his British citizenship.What does this mean? Under the Kenyan Constitution, Obama is pre-sumably no longer a Kenyan citi-zen because he did not renounce at age 21 his British citizenship and his U.S. citizenship (assuming he was born in the U.S.). Obama is still however a British citizen not only under English common law (in the words of Coke and Black-stone, a natural-born subject of the United Kingdom) but also under British citizenship statutes. Neither Kenya’s 1963 constitution nor any statute erased the consequences of the British common law and nation-ality statutes that were in effect at the time of Obama’s and his father’s  birth. Obama’s continuing British citizenship is further confirmed by English law which provides that  persons born in countries which wereColoniesatthetimewhenthey were born are still British citizens. Hence, Obama continues to be a British citizen despite Kenya’s inde- pendence and new constitution.This all leads to the question of how canObamabeanArticleII
“natural bornCitizen
 if he was at birth both aU.S.citizen(assuminghewasborn in the U.S.) and a British citizen which alone disqualifies him from havingthatstatus?Buttomakemat-ters worse, Obama continues to be a British citizen at a time that he is currentlythePresidentoftheUnited States. Can we reasonably conclude that the Founding Fathers, who had  just fought a war with Great Britain and who did not want a foreigner to occupy the Office of President, would have allowed a British citizen  born after 1789, who carries that status not only from birth but also to the time he occupies the Office, to be President of the United States and Commander in Chief of its Military? Another question is how can a would-be President and Com-manderinChiefoftheMilitarywith current dual citizenship obtain a se-curity clearance which he should have to access classified U.S. gov-ernment information needed by him to carry out the sensitive functions of that Office? — Mario Apuzzo, Esq.That our President be a natural  born citizen per Article II of our Constitution to
“constitutional  standards”
 was required by the nation’s founders and the Constitu-tion’s framers and is essential to the safety and survival of our Constitu-tional Republic.Obama had dual-citizenship at birth andisthusNOTanArticleIInatural  born citizen of the USA. It is even more important today than in the days those words were written that our President and Commander-in-Chiefofourvastmilitarypowerisan Article II natural born citizen, have sole allegiance at birth to the USA and no divided loyalties by birth. That is what was intended by the foundersofournationandthefram-ers of our Constitution. It is vitally essential to the survival and safety of our Constitutional Republic and for the protection of our liberty. We cannot allow a citizen of the world as the President and Commander-in-Chief. Obama is NOT an Article II natural born citizen of the USA. He is constitutionally not eligible for the office he sits in. Congress needs to hold hearings to address this issue of Obama’s exact citi-zenship status and subpoena all of Obama’s hidden and sealed records to learn the truth to
“constitutional  standards”
 his true legal identity. The Senate held hearings about McCains natural born citizenship status inApril 2008 when questions were raised about McCain’s exact citizenship status. When questions were raised about Obama’s exact citizenship status in the spring of 2008,Congressdidabsolutelynoth-ing. And the Congress to this day still refuses to hold hearings on this grave matter. They must do it now forObama.Theintegrityandfunda-mental law of our Constitution, the safety of our nation, and our liberty is at stake. It is their Constitutional duty per their sworn oaths. — Charles F. Kerchner, Jr., Lead Plaintiff Commander USNR Retired 
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If you would like to help with this lawsuit, please contact
Mario Apuzzo, Esq.185 Gatzmer AvenueJamesburg NJ 08831Email: apuzzo@erols.comTEL: 732-521-1900FAX: 732-521-3906BLOG:http://puzo1.blogspot.comhttp://www.protectourliberty.org
Paid for by: American people donating funds at ProtectOurLiberty.org in support of the Kerchner et al v Obama & Congress et al lawsuit.

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