Cecilie1200
Diamond Member
But it would put this in a very sticky situation, wouldnt it?
Trump is mistaken. The Constitution doesn't say you have to be born in this country. It says you have to be a natural-born citizen, as in a citizen by birth, rather than being naturalized. A person whose biological parent is a US citizen at the time of his birth is a natural-born citizen.
There is actually an interesting technical point on that. Under the Immigration and Nationality Act of 1952 (as reflected in the United States Code) [I have a link somewhere if you need it but I'm getting ready for work and would have to find it this evening] it is possible for Stanley Dunham to have given birth to Obama and him not to be a U.S. Citizen. If he was born outside the country, then the 14th Amendment does not apply, it then devolves to the law enacted by Congress under it's Article I Section 8 powers. The law at the time required a female married to a foreign national who gave birth in another country to have been a citizen for a certain amount of time, 5 of those years had to have been after the age of IIRC 14. Obama was born before Dunham met the 5-year requirement.
However there is an exception to the law if the woman is unwed. The common convention is the Dunham and Obama Sr. were married. However Obama Sr. was already married in Kenya before coming to the US. If he was already married, then he would no have been eligible to marry DUnham and she would have been unwed meaning Obama could be born anywhere and be a citizen at birth.
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I was under the impression that Obama's mother was born a citizen. Granted, I don't know much about his family's history, and I tend to care even less. Still, I could swear I read somewhere that his mother was born in the midwest somewhere.