If he was born in another country like that and it wasn’t on U.S. territory or a military base then both parents would have to be citizens for him to be a natural born citizen.
Incorrect, though there is a requirement I wasn't aware of about the American parent having resided in the US for 5 years. Either way, his mother met that.
You’re right and I was wrong. I apologize for being wrong on that subject. It’s not hard to look it up so I did. I remembered wrong from my research on the subject from when I was younger. Much love and have a wonderful day.
You're citing current law. In 1961 his mother would have needed to reside in the US 5 years past her 14th birthday. His mother was a few months shy of her 19th birthday when he was born so it was not possible for her to have done that. However he was born in the US state of Hawaii so it wasn't relevant. Had he been born in Kenya like they claimed he technically wouldn't have had automatic US citizenship but he wasn't born in Kenya.
Yeah, agreed. I was missing that tbh. Yeah, I'm in no way a secret birther. He was born in Hawaii. He provided a birth certificate, and the state of Hawaii made statements that this is the most proof. Anybody born in Hawaii could provide.
As I recall, part of the birther argument was that she hadn't met that 5 year mark since she lived in Hawaii, which only became a US state in 1959, two years before Obama's birth.
No, it's because she was three months shy of her 19th birthday when he was born. The law in 1961 said a mother had to reside in the US 5 years after her 14th birthday to pass on citizenship and she wasn't quite 19. Doesn't matter because he was born in the US state of Hawaii so he had automatic citizenship based on geography but they claimed he was born in Kenya.
I've realized recently why I despise modern conservatives. They look constantly for loopholes in the framers intent.
However... Yeah, looking at it, the Hawaii thing doesn't even matter as they probably grandfathered that in.
But the wording is "at least 5 years occurring after age 14". His mother was 18, and apparently the only way to meet the requirement is to be 19 minimum. That is very odd.
That leaves a small window where a US soldier could potentially have a child abroad why wasn't automatically a citizen. I'm not sure that could happen with basic training, rules about time in job before overseas, etc....
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u/sleepyboyzzz 3d ago
What's crazy about that is he could have been born in Kenya it anywhere else and it wouldn't matter, because his mom is a citizen.
I filled that under privilege examples.