More Detail on Obama and the Law

Posted by Steve Marquis on November 11, 2008

In order to be eligible and qualified to serve as the President of the United States you must be a "natural born" citizen, be at least age 35 and reside in the U.S. for 14 years. United States Constitution, Article II, Section I, Clause 5.

Barack Hussein Obama, Jr. was born to Stanley Ann Dunham, a U.S. citizen born in Kansas and Barack Hussein Obama, Sr., a National of Kenya.

Senator Obama was born in Mombasa, Kenya on August 4, 1961. At the time of Obama's birth, Kenya was a British Colony and did not become the Republic of Kenya until 1963.

Senator Obama has admitted his citizenship status to Kenya on his website www.fightthesmears.com. Mr. Obama also had this information posted on www.factcheck.org. However, Senator Obama's claim is that he automatically lost his Kenya citizenship status once he turned 18. This is completely inaccurate. Senator Obama never qualified to be a "natural born" citizen as a result of his mother not being old enough to meet the legal requirements in order to register her son, Senator Obama, as a "natural born" U.S. citizen.

The U.S. Law in effect during Obama's birth stated if you are born abroad to one U.S. parent and a foreign national, the U.S. parent must have resided in the United States for ten (10) years, five (5) of which were after the age of Fourteen (14) in order to register the child's birth abroad in the United States as a "natural born" U.S. citizen. Nationality Act of 1940, revised June 1952. United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999), Scales v. Immigration and Naturalization Service 232 F.3d 1159 (9th Cir. 2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005). The law that applies to a birth abroad is the law in effect at the time of birth, Marquez-Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006), Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law for transmitting citizenship to a child born abroad when one parent is a U.S. citizen is the statute that was in effect at the time of the child's birth")

Stanley Ann Dunham, Senator Obama's mother, was only 18 when she had Obama. She was not old enough to register Obama's birth in Hawaii or anywhere else as a United States "natural born" citizen as she did not meet the residency requirements pursuant to our United States Laws. It does not matter that this is a minor technicality, the law is applied regardless. See United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).

A Certification of Live Birth (COLB) is issued for all birth's registered in the State of Hawaii. The COLB, even if it has not been altered and/or forged, does not prove "natural born" citizenship or birth in Hawaii.

A COLB is sufficient proof of citizenship, however it does not prove "natural born" citizenship, a COLB is issued to those who are simply "naturalized". There is absolutely NO doubt in our mind that Obama's birth in Kenya was registered in Hawaii, at which time, yes they would have issued a COLB. However, Obama's birth could have ONLY been registered as "naturalized" as his mother did not meet the citizenship requirements to register Obama's birth as "natural born", Nationality Act of 1940, revised June 1952, United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999), Scales v. Immigration and Naturalization Service 232 F.3d 1159 (9th Cir. 2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005). The law that applies to a birth abroad is the law in effect at the time of birth, Marquez-Marquez a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006), Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law for transmitting citizenship to a child born abroad when one parent is a U.S. citizen is the statute that was in effect at the time of the child's birth")

Obama was enrolled Lolo Soetoro in a public school, Fransiskus Assisi School in Jakarta, Indonesia. Plaintiff has received copies of the school registration, in which it clearly states Obama's name as "Barry Soetoro" and lists his citizenship as Indonesian. Obama's father is listed as Lolo Soetoro, Obama's Religion is listed as Islam. At the time Obama was registered the public schools obtained and verified the citizenship status and name of the student through the Indonesian Government. Indonesia at this time was a police state and foreign students were not allowed to attend public schools. The school, upon registration of a new student, verified the citizenship status and name of the child with the Indonesian Government. Moreover, Indonesian Immigration and police checked all public schools on a weekly basis to ensure the only students attending were in fact Indonesian citizens.

Do to Obama's birth abroad, he could only be "naturalized", second, he became a "natural "citizen of Indonesia. Even if Obama's adoption and/or acknowledgement allowed him to choose his citizenship status, there is more involved. Indonesia, still to this day, does not permit dual citizenship. The law in Indonesia states if a minor who lost citizenship in another country, may reclaim that citizenship, however, prior to age 21, they must swear a declaration signed and served and filed with Indonesia their desire to relinquish their citizenship status. If this is not done by age 21, they lose that right. As stated in the Indonesian laws, "at the age of 18, the child can choose whether to stay an Indonesian citizen or follow their foreign father's citizenship. They will be then given additional three more years to decide on which nationality to choose." 18 + 3 = 21.  The problem here is the citizenship of Obama's father "Soetoro" is Indonesian. Indonesia did not recognize dual citizenship. The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual citizenship). Indonesian regulations recognize neither apatride nor bipatride citizenship.

The Hague Convention prevented the U.S. from interfering with Indonesia's laws. Indonesia did not recognize dual citizenship, thus, neither did the U.S. An adoption severs all relationship to the birth place and/or citizenship of a birth parent. Once Indonesian "natural" citizenship status occured, it stayed. In order, according to Indonesia, which is who's law prevails, Obama would have been required to relinquish in writing under oath his Indonesian citizenship and file the declaration with Indonesia government.

Indonesian citizenship does not expire without a person, in declaration, swears under the penalty of perjury, to relinquish Indonesian Citizenship and files said document with the government no later then age 21. Indonesian Constitution, Article 2.

As stated in the Indonesian laws "at the age of 18, the child can choose whether to stay an Indonesian citizen or follow their foreign father's citizenship. They will be then given additional three more years to decide on which nationality to choose." 18 + 3 = 21. The problem here is the citizenship of Obama's father "Soetoro" is Indonesian. Indonesia did not recognize dual citizenship. The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual citizenship). Indonesian regulations recognize neither apatride nor bipatride citizenship.

If Obama wanted to fully regain any U.S. Citizenship status he may have had, he would have had to undue the adoption or go through paternity to prove Soetoro was NOT his father in the case of Soetoro Acknowledging Obama as his son, both of which gave Obama "natural" Indonesian status, which is the same as U.S. "natural born" citizenship status.

Under Indonesian law, when a male acknowledges a child as his son, it deems the son—in this case Obama—to be an Indonesian State citizen. Constitution of Republic of Indonesia, Law No. 62 of 1958 Law No. 12 of 2006 dated 1 Aug. 2006 concerning Citizenship of Republic of Indonesia; Law No. 9 of 1992 dated 31 Mar. 1992 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie).

Indonesia Constitution, Article 2 states "It is stipulated that an adopted child has the same status as a natural child and that his or her relationship to the birth parents is severed by adoption."

Indonesia Constitution, Article 2 states: "on the condition of ratification of the adoption by the District Court: "The law stipulates that children of mixed couples automatically assume their father's citizenship, and a divorced wife cannot take custody of her children because they have different citizenship."

Indonesia did not allow Dual Citizenship or Dual Nationality thus Obama is not a U.S. Citizen, he is Indonesian. Neither Obama's place of birth or the nationality of his American parent are relevant, the Indonesian Law takes precedence under The Master Nationality Rule of Article 4 of the Hague Convention of 1930. The United States accepts the existence of Dual Nationality only if the other country does. Hague Conventions are applied by the United States and this has been in effect since before 1930 (Memorandum on Nationality, including Statelessness: Document A/CN.4/67, Prepared by Ivan S Kerno, International Law Commission, United Nations General Assembly, 6th April 1953.) Thus, Obama is not a "natural born" citizen and my not even be a naturalized citizen.

These issues can be easily resolved. Senator Obama needs to show a certified copy of his "vault" original birth certificate which shows where he was born, when, with doctors signatures, etc. In addition, he needs to supply his U.S. Certificate of Citizenship, certified copy of the oath of allegiance, etc. In any case, Obama is only "naturalized" in the U.S. which disqualifies him from holding United States Office of the Presidency.