Commenter Jane at Just One Minute posted this interesting e-mail she received.
Barack Obama is not a legal U.S. natural-born citizen according to the law on the books at the time of his birth, which falls between December 24, 1952, to November 13, 1986. Federal Law requires that the office of President requires a natural-born citizen if the child was not born to two U.S. Citizen parents. This is what exempts John McCain, though he was born in the US Panama Canal Zone.Now I'm starting to see why the birth certificate issue is so important. It would list his father. It also explains Bill Clinton's statement: "I never was mad at Sen. Obama. I think everybody's got a right to run for president who qualifies under the Constitution.
US Law very clearly states: ". . . If only one parent is a U.S. Citizen at the time of one's birth, that parent must have resided in the United States for minimum ten years, five of which must be after the age of 16." Barack Obama's father was not a U.S. Citizen is a fact.
Obama's mother was only 18 when Obama was born. This means even though she had been a U.S. Citizen for 10 years, (or citizen of Hawaii being a territory), his mother fails the test for at-least-5-years- prior-to Barack Obama's birth, but-after-age-16.
In essence, Mother alone is not old enough to qualify her son for automatic U.S. Citizenship. At most, 2 years elapsed from his mother turning 16 to the time of Barack Obama's birth when she was 18. His mother would have needed to have been 16 + 5 = 21 years old at the time of Barack Obama's birth for him to be a natural-born citizen. Barack Obama was already 3 years old at the time his mother would have needed to be to allow him natural citizenship from his only U.S. Citizen parent. Obama should have been naturalized as a citizen . . . but that would disqualify him from holding the office.
Which may mean the forgery issue re: the birth certificate is a red herring. The real issue is who is your daddy?
So the question is: was Hawaii a State when Obama was born? He says he is 46 years old. That would be 1962. Hawaii became a State on August 21, 1959. Well that blows that theory. If he was born in the USA he is an American citizen. Period.
OTOH commenter Sarah had this to say:
As a genealogist, I could not list Barack Obama Sr. as the legal father since he was never "legally" married to Barack's mother. He was already married. So technically Barack would be considered illegitimate, a more complicated matter back in 1961 than today.Texas Darlin looks at the citizenship angle from the adoption point of view.
Texas Darlin did a post about adoption when the adoptive parent is Indonesian and how if the child is under 5, citizenship reverts to Indonesia, over 5, dual citizenship, which is not recognized by Indonesia, but is by the U.S.
The answer lies somewhere in the illegitimate birth and possible subsequent adoption by Soetoro.
What does all this mean? Maybe nothing.
1. Obama was born in Hawaii on Aug. 4, 1961, with the legal name Barack Hussein Obama II, and Barack H. Obama Sr. was identified as his legal father. [NOTE: an alternative theory, that Obama was born in Canada, is still being researched.]
2. Obama was adopted by Lolo Soetoro in Hawaii sometime around 1965-1966.
3. As part of the adoption procedure, pursuant to Hawaiian law, Obama’s original Birth Certificate (BC) was sealed, and a new Birth Certificate was issued with his new name, Barry Soetoro, and the name of his new father, Lolo Soetoro.
4. Mother and son joined Soetoro in Indonesia, where Barry Soetoro was registered in school as Lolo’s son, a Muslim, and a citizen of Indonesia.
5. After approximately 4 years, Barry Soetoro returned to Hawaii as a U.S. citizen to live with his grandparents, the Dunhams, and attend private school.
6. At some point before his 18th birthday, he most likely changed his legal name back to Barack Hussein Obama, but his Birth Certificate would not have been modified again unless there was another adoption (by the Dunhams, for example).
All Barry has to do to scotch the rumors is to release his birth records.
If he does have dual citizenship that will cause him problems with a lot of the electorate. If he is not an American citizen it is all over for him.
Cross Posted at Classical Values