Obama and the 14th Amendment


Speaking of the 14th amendment, check out how the Obama campaign initially claimed:

The truth about Barack’s birth certificate

Lie: Obama Is Not a Natural Born Citizen

Truth: Senator Obama was born in Hawaii in 1961, after it became a state on August 21st, 1959. Obama became a citizen at birth under the first section of the 14th Amendment

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

http://web.archive.org/web/20080614132523/my.barackobama.com/page/invite/birthcert

But then they scrubbed that text and replaced it with this:

The Truth About Barack’s Birth Certificate

Smears claiming Barack Obama doesn’t have a birth certificate aren’t actually about that piece of paper — they’re about manipulating people into thinking Barack is not an American citizen.

The truth is, Barack Obama was born in the state of Hawaii in 1961, a native citizen of the United States of America.

Next time someone talks about Barack’s birth certificate, make sure they see this page.

http://web.archive.org/web/20110318175449/http://www.fightthesmears.com//articles/5/birthcertificate.html

However, note that that page also says the following:

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

Obama’s own campaign web site admitted that his “citizenship status” was “governed by” The British Nationality Act of 1948, because his was father was a British subject, not a U.S. citizen.

Therefore, Barack Hussein Obama II was also born a British subject… subject to the jurisdiction of the British crown.

—————-

They’ve updated that page again…

http://web.archive.org/web/20110504021510/http://my.democrats.org/page/content/president-obama-birth-certificate

In 2008, President Obama’s campaign released his certification of live birth—the legal birth certificate provided to all Hawaiians as proof of birth in state.

But conspiracy theorists have continued to question the authenticity of President Obama’s birth certificate in order to manipulate voters into thinking that the President isn’t an American citizen.

It’s time to put an end to this fake controversy—and refocus on debating how we grow our economy, create jobs, get our fiscal house in order, and educate our children for the challenges of the 21st century.

To move on from this distraction, President Obama directed his attorneys to request a waiver from the State of Hawaii to release the long-form version of his birth certificate. That waiver was granted.

————–

And now,

http://www.fightthesmears.com/articles/5/birthcertificate.html

redirects to http://www.attackwatch.com/articles/5/birthcertificate.html

which is no longer branded as “Attack Watch”, but “Truth Team”, and has NO content about the Birth Certificate.

So… from “Fight the Smears” to “Attack Watch” to “Truth Team” with no statement at all.

:lol:

============================

UPDATE: Why This Matters…

Before moving on to the issue of whether citizens have the right to vote, the Supreme Court in Minor stated their holding as to the citizenship of Mrs. Minor (and therefore as to all women and men):

“The Fourteenth Amendment did not affect the citizenship of women any more than it did of men. In this particular, therefore, the rights of Mrs. Minor do not depend upon the amendment. She has always been a citizen from her birth and entitled to all the privileges and immunities of citizenship. The amendment prohibited the state, of which she is a citizen, from abridging any of her privileges and immunities as a citizen of the United States, but it did not confer citizenship on her. That she had before its adoption.” (Emphasis added.)

The independent ground the Court used to determine that Virginia Minor was a US citizen is stated as follows:

“Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that ‘No person except a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution shall be eligible to the office of President,’ …

“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. “ (Emphasis added.)

Read that passage very carefully, and you will see that the US Supreme Court clearly defined “natural-born citizen” by two independent remarks:

1. “…all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also.” First, the Court states that these persons are “citizens”. But then it makes a second statement about this class –

2. “These were natives or natural-born citizens, as distinguished from aliens or foreigners.” This class of citizens are part of a class defined as “natural-born citizens”. They are citizens, natural-born. This distinguishes them from all other citizens. If this were not the case, it would have been sufficient for the Court to stop at the first statement concerning their citizenship.

But the Court didn’t stop there. Because the Court was avoiding the 14th Amendment, the Court went to the second step and defined this class to be different from all other citizens. This class did not require the 14th Amendment to be US citizens.

Whether persons born in the US to non-citizen parents were “citizens” was not a question before the Minor Court because Mrs. Minor was natural-born, whereas Wong Kim Ark was not. The determination of his citizenship required the 14th Amendment, whereas Mrs. Minor’s did not.

The quote above is from:
http://naturalborncitizen.wordpress.com/2011/06/24/minor-v-happersett-is-binding-precedent-as-to-the-constitutional-definition-of-a-natural-born-citizen/

I believe that the reason the Obama camapaign web site scrubbed the text, “Obama became a citizen at birth under the first section of the 14th Amendment” is that they later realized that the Supreme Court precedent in Minor v. Happersett clearly stated that natural born citizens (those born on the soil to parents who are its citizens) DO NOT NEED the 14th Amendment. Anyone who needs the 14th Amendment is NOT a natural born citizen!

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