Friday, March 27, 2009

Comments on Belmont Club
"Eyes wide open"

Last thread was getting a good discussion going about the twin durability of the opium poppy and the durability of Islam in hostile environments. Islam not only creates a moral desert within human beings by scraping away their connections with their own history and all the moral codes that arise in all other functional societies (for example Islamic society weakens the incest and the child abuse taboos in a way that no other society that emerged from the stone age ever did and survived) but also is associated with persistent degradation of the physical environment. Anatolia was a fertile breadbasket with irrigation systems that had been developed over thousands of years, until the Moslem conquest following the battle of Manzikert. Similar desertification occurred in North Africa and Palestine.

More bad news.
Russia outlines Arctic force plan.

No, let me be clear about this, NO!
While I do not like Obama and I would like to see the birth certificate and I'll even concede the possibility that he might have effectively renounced his natural born citizen status by traveling on a foreign passport or claiming to be foreign national to get a scholarship, both unproven rumors, the fact is that his being moved to Indonesia and registered as an Indonesian adoptee when he was a minor does nothing, nada, zip, to his US citizenship. That is a tin foil hat crazy position to hold so give it up. US citizen children are kidnapped by their Saudi fathers and held in the KSA. If one of those US citizens ever escapes and returns to the USA they will be welcomed back as citizens. No CBP officer would say anything other than "Welcome Home" and no judge would question their status as natural born citizens. So be clear about this, if you can prove that Barack H. Obama as an adult renounced his US citizenship then you have something. What happened while he was a minor means nothing.

Just where does that belief come from? You can't just make this stuff up. Natural born has always been taken to refer to Lex solis not Lex sanguinis. It has everything to do with where he was born. The law is not a matter of personal outlook or choice, it is the law. The wiki is OK on this particularly
Some countries are restricting lex soli by requiring that at least one of the child's parents be a national of the state in question at the child's birth, or a legal permanent resident of the territory of the state in question at the child's birth, or that the child be a foundling found on the territory of the state in question. The primary reason for imposing this requirement is to limit or prevent people from travelling to a country with the specific intent of gaining citizenship for a child. The 27th amendment to the constitution of the Republic of Ireland was passed by referendum in 2004 for this purpose.
The United States has never had a judicial ruling or legislative act restricting the citizenship of children of illegal aliens. Even if we had that condition would not have applied to Obama. His father was legally present on a non-immigrant visa. He would be ineligible now and may have been then ineligible for citizenship as a polygamist.

1 comment:

Biffo said...

"The United States has never had a judicial ruling or legislative act restricting the citizenship of children of illegal aliens."

Had an Attorney General Ruling in 1873 that said aliens were disqualified because they had no political connection to the country.

In U.S. v. Wong Kim Ark the majority held the meaning of “subject to the jurisdiction” had been adjudicated in Elk v. Wilkins.

In Elk, the court concluded the “evident meaning” of “all persons born or naturalized in the United States, and subject to the jurisdiction thereof” means not “merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other.”

Elk was not overturned by Wong Kim Ark.

Being born or naturalized requires the same quality of jurisdiction and we know it was impossible to become a naturalized citizen while owing allegiance to another nation. Same is true for being born. That is true American law.