Liberty Tree wrote:
I beloeve a natural born citizrn can also be one who is not born on American soil but is born to an American citizen.
I do as well, yet the argument had all the time is parents......While others say one parent is sufficient...They certainly recognize a child born of illegal parent or parents as a citizen, don't they??? Liberty~~see more on the subject~
There has been much confusion regarding the role that Obama's place of birth (represented by his birth certificate) or parentage (represented by his alien father) plays in his being a "natural born Citizen." A natural born Citizen must be born in the United States or what is deemed its equivalent. This is called the jus soli requirement. We know that while Obama maintains that he was born in Hawaii, there exists a considerable amount of evidence that he was born in Kenya. Some argue that Obama has to date not yet conclusively shown that he was born in Hawaii and that on the contrary, he was born in Kenya. They argue that since Obama was born in Kenya, he is not and cannot be a natural born Citizen. Hence, some focus on Obama's place of birth as the only factor that needs to be considered in the question of whether he is a "natural born Citizen."
On the other hand, the original and only American common law definition of an Article II "natural born Citizen" is that one must be born in the country or what is deemed its jurisdictional equivalent to U.S. citizen parents (father and mother). Emer de Vattel, The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns (1758), Section 212 (The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. . . .). This definition was last confirmed by our U.S. Supreme Court in Minor v. Happersett (1875) and U.S. v. Wong Kim Ark (1898). As we can see, this definition contains two factors, place of birth and citizen parents or what is known as the jus soli and jus sanguinis factors united at the time of birth. While Obama's mother was born in the United States and was a "natural born Citizen," Obama has admitted that under the British Nationality Act 1948, when Obama was born in 1961, his father, who was born in the then-British colony of Kenya, was a British subject/citizen and that Obama himself by descent from his father was also born a British subject/citizen. Hence, since his father was not a United States citizen when Obama was born and he himself was a British subject/citizen by descent from his father, Obama is not and cannot be a natural born Citizen. Given Obamas admission, some therefore focus only on Obamas parentage (alien father) factor and maintain that it is not necessary to know his place of birth wherever that may be because Obama is not and cannot be a "natural born Citizen" because his father was not a United States citizen when Obama was born. Under this argument, Obama is not a natural born Citizen because he is missing the parentage factor, a necessary condition found in the original and only definition of a natural born Citizen.
The Fourteenth Amendment citizenship clause also causes further confusion in the Obama eligibility question, for some incorrectly ascribe a controlling effect to it. The Fourteenth Amendment requires that one be born in the United States and be subject to the jurisdiction thereof in order to be a born citizen of the United States thereunder. The way that the Amendments subject to the jurisdiction thereof clause is currently interpreted, it does not contain any U.S. citizen parent requirement. But a simple reading of the Amendments text shows that it only deals with a citizen of the United States and not a natural born Citizen. Hence, showing that Obama is a Fourteenth Amendment born citizen of the United States (the Fourteenth Amendment born citizen of the United States standard) without more is not sufficient to demonstrate that he is an Article II natural born Citizen (the Article II natural born Citizen standard). Nevertheless, Obama must at least prove that he is a born citizen of the United States (born in the United States) before he can prove that he is an Article II natural born Citizen."