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Stephen Tonchen - Obama Presidential Eligibility - An Introductory Primer

Stephen Tonchen - Obama Presidential Eligibility - An Introductory Primer

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Published by Juan del Sur
The Obama eligibility controversy stems from two facts: (1) the fact that Obama has not released sufficient information to conclusively establish his birth in Hawaii; and (2) the fact that, when Obama was born, his father was not under the actual obedience or allegiance of the United States, and therefore Obama is not "natural born" according to the specific meaning of the term.

This document provides research data necessary to address the eligibility question concerned with Barack Hussein Obama.
The Obama eligibility controversy stems from two facts: (1) the fact that Obama has not released sufficient information to conclusively establish his birth in Hawaii; and (2) the fact that, when Obama was born, his father was not under the actual obedience or allegiance of the United States, and therefore Obama is not "natural born" according to the specific meaning of the term.

This document provides research data necessary to address the eligibility question concerned with Barack Hussein Obama.

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Categories:Types, Research, Law
Published by: Juan del Sur on Mar 11, 2011
Copyright:Attribution Non-commercial

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Obama Presidential Eligibility - An Introductory Primerfile:///C|/MyDocuments/WebPage/birthers.htm[3/11/2011 12:10:21 PM]
Obama Presidential Eligibility - An Introductory Primer
Copyright (©) 2009-2011 Stephen TonchenRevision date: March 10, 2011This document is subject to ongoing updating as relevant new information becomes available.The most current version is found athttp://people.mags.net/tonchen/birthers.htmThis Primer, by Stephen Tonchen, is different from, should not be confused with, theWorldNetDaily Obama Eligibility Primer. The Tonchen Primer appeared on the Internet inJune 2009, more than a year prior to the WND Primer.
Introduction
adopted 
the U.S. Constitution on September 17, 1787 [01].Anyone born after that date must be a
natural born citizen
in order to be eligible to serve asPresident of the United States [02].What is a
natural born citizen
? Even if President Barack Obama is a U.S.
citizen
by birth, ishe a U.S.
natural born citizen
?According to an article which appeared in theMichigan Law Reviewin 2008, we know twothings for sure about the meaning of "natural born citizen":Anyone who is born in the United States, of parents who are U.S. citizens, is definitely,without doubt, a natural born citizen.Anyone who acquires U.S. citizenship through naturalization, after his or her birth, isdefinitely not a natural born citizen [03].But what about children born overseas to U.S.-citizen parents? And what about U.S.-bornchildren of alien parents? Such children are U.S.
citizens
by modern-day law. But are they
natural born citizens
? So far, Federal law, the Constitution and the courts have not answeredthese questions.In 2004, SenatorDon Nicklespredicted that, if these questions remain unanswered, they willsomeday become "a real issue":The definition of this term ["natural born citizen"] is an issue that has beendebated in legal circles for years and has never been ruled on by the courts.Clarification is needed before this becomes a real issue. (Nickles)Senator Nickles' prediction has come true. Today, an increasing number of Americans areconcerned that Barack Obama, whose father was a Kenyan native, might not be a "naturalborn citizen" and therefore might not be eligible, under the Constitution, to serve as president[04].Members of the mainstream news media generally believe that all persons born in the UnitedStates are "natural born citizens", regardless of their parents' citizenship. But this belief,though widely held, is not consistent with American and English history [05].
 
Obama Presidential Eligibility - An Introductory Primerfile:///C|/MyDocuments/WebPage/birthers.htm[3/11/2011 12:10:21 PM]
According to theHeritage Foundation, the notion that birthplace alone is sufficient to conferU.S. citizenship (in the Constitutional sense) is "historically and legally inaccurate":The popular concept of "birthright citizenship" -- that anyone born while in theUnited States is automatically a U.S. citizen -- is historically and legallyinaccurate. Only a complete jurisdiction of the kind that brings with it anexclusive allegiance [at birth] is sufficient to qualify for the grant of citizenship[under the Constitution]. (Heritage Foundation: Immigration Reform)Six years
after 
the 14th Amendment became part of the U.S. Constitution, the U.S. SupremeCourt -- inMinor v. Happersett (1874) -- commented that, if you were born in the United States and both of your parents were U.S. citizens at the time of your birth, you are,
without doubt 
, a natural born citizen. In the same case, the Supreme Court also remarked that, if youwere born in the United States but your parents were not both U.S. citizens when you wereborn, your natural born citizenship is in doubt [06].The Supreme Court has never resolved this "doubt" because, prior to 2008, there was neverany need to do so. With only two exceptions, every U.S. president who was born after 1787,was born in the United States, of parents who were both U.S. citizens (Natural BornPresidency). The two exceptions were Chester Arthur and Barack Obama. While running foroffice in 1880, Chester Arthur lied to newspaper reporters about his family history (and laterburned most of his family records), thereby obscuring the fact that, when he was born, hisfather (William Arthur) was British subject, not a U.S. citizen (Historical Breakthrough -Chester Arthur).President Obama publicly admits that his father was a Kenyan native who never became aU.S. citizen. At birth, President Obama acquired British/Kenyan citizenship by descent fromhis father. The 2008 election was the first time in history that the United States
knowingly
elected a post-1787-born president whose parents were not both U.S. citizens. Moreover,2008 was the first time that the U.S.
knowingly
elected a post-1787-born president who was aforeign citizen (in addition to being a U.S. citizen) at the time of his birth [07].U.S.-born children of non-citizen parents are U.S.
citizens
by modern-day law, but there isunresolved doubt as to whether such children are Constitutional
natural born citizens
. Thisdoubt is not based on the imaginings of tin-foil-hat-wearing conspiracy theorists on thelunatic fringe of society. This doubt comes from what the Supreme Court has actually said, aswell as a variety of other historical and legal sources which are presented and discussed here.This Primer introduces the Obama eligibility controversy, in question-and-answer format, fora non-technical general audience. We've double-checked the facts presented here, cited theirsources, and believe them to be correct. Pleasecontact us if you find any material in this Primer that you believe to be inaccurate.
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