Can he, can’t he be President?
It appears that the nonpartisan people at Breitbart News have uncovered an old bio of President Obama. It says:
Barack Obama, the first African-American president of the Harvard Law Review, was born in Kenya and raised in Indonesia and Hawaii.
The Drudge Report is running with the story, and this is bound to revive fresh debate as to his eligibility to become the President of the United States.
Personally, I don’t care where President Obama was born he is absolutely eligible to be President; I originally wrote about it HERE.
In sum here is what I said back then:
So my argument is centered around US Birthright law. There are two ways to get a citizenship automatically upon being born.
Jus Soli: This is where if you are born in the United States, you are automatically given citizenship, and therefore you are completely eligible to run for President of the United States. Even if both your parents were foreigners (legal or not), you are instantly given citizenship to the US because you were physically born here.
Jus sanguini: This is where one of your Parents, in this case President Obama’s mother, is a US Citizen and you are born outside of the US or one of its territories. Because Obama was born to a female US Citizen, he was instantly given US Citizenship.
Particularly, my argument centers around 8 U.S.C. Section 1409 paragraph (c) and 32 CFR 584.5 which says (summary) if a female ‘natural born US Citizen’ has a child that was born out of the United States, to a foreigner, and out of wedlock, that child would receive the same “nationality status of his mother”. Thus, if Obama’s mother was a natural born citizen, Obama would inherit that trait as his citizenship and should be considered a natural born citizen.
Its time to end this debate, sorry. However, I have wondered - what if it was determined that President Obama wasn’t eligible to be the President - what exactly would that mean? Would everything he ever signed now be void? That would be crazy.


