why can't i get a straight answer ?

Discussion in 'Politics' started by washamericom, Mar 8, 2011.

  1. washamericom
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    washamericom Gold Member

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    i want to know if there was a law, at the time of the presidents birth, that states "if only the mother is a u.s. citizen, she must have reside in the u.s. for ten years, five of which must be after the age of sixteen."
    was there ever such a law ? at that time ?
    not whether or not he was born in kenya... just this one law... is it true? is it a state law ? do other states have such laws ? can such a law trump or embellish the eligibility reqs in the constitution ?
    any experts?... i know this is a beat subject, but google in this case is too vague.. thanks
     
  2. Leweman
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    Leweman Gold Member

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    Well Title 8 of the U.S code just says she had to live 5 years in the US. Of course I dont know if it means having lived in the US 5 years straight and then gave birth or what. Seems kind of up to interpretation.
     
  3. Toronado3800
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    Toronado3800 VIP Member

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    If you are concerned about beating Obama have the Republicans start a new political party, dont waste your talking time on this.

    A new name allows republicans to
    1 distance themselves from their deficit spending problems
    2 distance themselves from this states rights thing(they obviously dont support that either)
    3 distance themselves from not doing anything about abortion (5 of 7 terms at one point and abortion is still legal?)

    Only the week minded or easily fooled vote republican over them issues because the intelligent know they are being pandered to during elections then cast off.
     
  4. signelect
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    signelect BANNED

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    Why don't we start a bash the other guy topic, that seems to be the point anyway. I see so much foul conversation but not one solution.
     
  5. whitehall
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    whitehall Gold Member

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    A state law can never-ever trump the US Constitution nor can a federal law ever trump the Constitution. Once you get that concept in your head you can work from there.
     
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  6. WorldWatcher
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    WorldWatcher Gold Member

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    Actually the law says...

    Immigration and Nationality Act of 1952

    TITLE III - NATIONALITY AND NATURALIZATION

    Chapter 1 Nationality at Birth and By Collective Naturalization.

    Nationals and Citizens of the United States at Birth

    Sec. 301. (a) The following shall be nationals and citizens of the United States at birth:

    (1) a person born in the United States, and subject to the jurisdiction thereof;

    <<SNIP>>

    (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such a person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing they physical presence requirements of this paragraph.​


    Also Section 309(c) is of interest as it states: "(c) Notwithstanding the provisions of subsection (a) of this section [WW's note: that means Sec 301(a) above], a person born, on or after the effective date of this Act, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year."


    *****************************************


    The Immigration and Nationality Act of 1952 is the law in effect at the time of Obama's birth.

    If born in Hawaii, then paragraph (7) is irrelevant.

    Paragraph (7) is based on the "parent" which could be mother or father.

    I included Section 309(c) because in posses an interesting question. Obama Sr. was married in Africa prior to coming to the United States. Where he came from multiple wives were allowed and he remained married to his first wife while here. While in the United States he married Stanley Dunham, however if he were to be deemed already married, then that marriage would be invalid as Polygamy is not allowed. As such Stanley Dunham would have been an unwed mother at the time of Obama Jr's birth.

    So if he was born in Hawaii, Dunham's age is irrelevant. If he was already married under the laws of Kenya, then Dunham could have had a child at any age and that child would have had her citizenship at birth since she was raised in Kansas, Oklahoma, and Washington.



    >>>>
     
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    Last edited: Mar 8, 2011
  7. WorldWatcher
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    WorldWatcher Gold Member

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    That's current law, which I believe was changed in the mid-80's.


    >>>>
     
  8. washamericom
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    washamericom Gold Member

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    WOW, I'M IMPRESSED... thank you !
    and to the guy belittling the asking of the question; one person's waste of time is another's revelation. i don't think you're even sure of what a waste of time is.
     
    Last edited: Mar 8, 2011
  9. washamericom
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    washamericom Gold Member

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    so W.W. what's your opinion on the subject?
     
  10. rightwinger
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    rightwinger Paid Messageboard Poster Gold Supporting Member Supporting Member

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    Nope
     

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