ANY CONSTITUTIONAL LAWYERS OUT THERE? CAN A PERSON WITH DUAL CITIZENSHIP, LIKE BARACK OBAMA, BE PRESIDENT OF THE UNITED STATES?

Updated:  this post was originally written on August 9, 2008. At the time no one wanted to talk about Obama’s citizenship and his possible (at that time) ineligibility.

I went to JONATHAN TURLEY‘s (law professor at George Washington University) site and posted a question regarding dual citizenship on two separate occasions. The comments were scrubbed.  Little did I know at the time that Turley was an Obama supporter, capable of questioning McCain’s citizenship only to remain mute on Obama’s citizenship

SO HERE’S THE BOTTOM LINE TO THE QUESTION I POSED TWO YEARS AGO.

No, a person with dual citizenship cannot be POTUS. For more read here, here, and here.

The answer to this question remains unclear to me.

The Rocky Mountain News is reporting Obama has held dual citizenship since 1963. For many months the blogosphere has been a buzz with numerous posts about Obama’s birth certificate, questioning its validity, and in turn posing the question of whether Obama meets the eligibility requirements as listed in the Constitution.

I did a nanosecond of research and found this definition from ASK.com. It doesn’t do much to clarify the question. It states:

Only native-born U.S. citizens (or those born abroad, but only to parents who were both citizens (emphasis mine because are there are questions surrounding Barack’s father) of the U.S. may be president of the United States, though from time to time that requirement is called into question, most recently after Arnold Schwarzenegger, born in Austria, was elected governor of California, in 2003. The Constitution originally provided a small loophole to this provision: One needn’t have been born in the United States but had to be a citizen at the time the Constitution was adopted. But, since that occurred in 1789, that ship has sailed.

Reading this definition it appears Arnold Schwarzenegger is not eligible to be president.  Naturalized or dual citizens are prohibited from seeking the highest office in the land,  therefore Arnold need not apply.

So, are there any learned persons out there that can clarify these questions?

  1. Is a person eligible for the office of president of the United States if they hold dual citizenship?
  2. Is this a contestable constitutional issue?

I welcome comments and clarification to these questions!!!!!!

14 thoughts on “ANY CONSTITUTIONAL LAWYERS OUT THERE? CAN A PERSON WITH DUAL CITIZENSHIP, LIKE BARACK OBAMA, BE PRESIDENT OF THE UNITED STATES?

  1. Laura

    Maybe if we could trust the media and the government to do it’s job then we wouldn’t have to turn to the internet. There are questions that people are refusing to answer. That makes me nervous and I don’t like the absolute refusal the American people are getting.
    I’m sure if there was something to be found Hillary Clinton and her team would have found it. For me it is principle and the fact he will not show us. It makes me feel like if it isn’t his citizenship then what is he hiding that he doesn’t want the American people to know.

    Reply
  2. Mitie1

    Scott
    November 16, 2008 at 10:54 am

    “Indonesia’s rules on dual citizenship apply to adults only.”

    From the US Dept. of State, International travel info:
    “In July 2006 the Indonesian Parliament passed new legislation allowing children under age 18 to maintain a foreign nationality as well as Indonesian citizenship.”

    So up until 2006 it also applied to children

    Reply
    1. DkPritts

      If his Indonesian step-father was the one on his birth certificate, you’d be right. Unfortunately for you, he isn’t. The father listed is Barack H. Obama Sr., whose allegiance lays with a providence of The Crown Monarch, in Kenya. What does this mean? It means that he has dual-citizenship, and isn’t a natural born citizen like he claims. Even though he was born on American soil, he’s still considered a dual-citizen and shouldn’t be allowed in the office that he currently holds.

      Reply
      1. sandstone Post author

        Dk

        I’m not sure how you arrived at I’m wrong. If you read this blog you’ll find out I’ve been saying for he’s ineligible for over a year. He’s a fraud and quite possibly could be classified as an illegal because we have no paperwork that clarifies his citizenship status after leaving Indonesia. The best case scenario for BHO is at the time of birth he held dual citizenship … reality is that he was born a Brit.

        Reply
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  5. Scott

    Indonesia’s rules on dual citizenship apply to adults only. Obama did not lose his US citizenship because only an adult can renounce his citizenship. Same with Kenya. His dual citizenship in either country automatically expired. He does not hold duel citizenship and his US citizenship never expired.

    Reply
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  7. Zee

    To Dagger53:
    You stated that the government of Indonesia confirmed that he (Obama) was an Indonesian through adoption and lost his U.S. citizenship through adoption. Is this your theory or do you have proof of this? I am trying to research the passport/Obama issue and the web is thick with possibilities and theories. I wondered if you know for a fact, with proof, that Obama lost his U.S. citizenship through adoption. Thanks, I look forward to hearing from you.
    Zee

    Reply
  8. dagger53

    In 1961 Kenya was ruled by the British and therefore Obama would have fallen under the British laws of the time.

    There is another question of his citizenship regarding Indonesia.

    When Obama was adopted as a minor, he automatically assumed his adopted father’s citizenship through Indonesian law. In Indonesia, they do not allow dual citizenship.

    In order to attend any elementary school in Indonesia, they only allowed Indonesians to attend because the country did not allow for any dual citizenships.

    Every student who registered to attend school, was verified by the government of Indonesia that they only had Indonesian citizenship.

    The government of Indonesia confirmed that he was an Indonesian through adoption and lost his U.S. citizenship through adoption.

    He may have also never re-registered to take an oath to renew his citizenship as an adult.

    During the early 80’s Obama traveled to Pakistan. There was a no fly zone to Pakistan during the early 80’s.

    Obama most likely used his Indonesian passport to fly to Pakistan because U.S. citizens where not allowed to fly to Pakistan during the early 80’s.

    Reply
  9. sportsone234

    Bud:

    No, I don’t believe everything I read on the Internet, which is precisely the reason I brought up the question.

    Your information about Kenya’s constitution, while interesting may or may not be true. I have no way of knowing, but importantly it begs the question originally asked.

    Does the US Constitution allow for dual citizenship? Forget Obama for a moment, I think this is an important question.

    What if we had a person running for president that held dual citizenship in Russia and the US. I know this is an extreme example, one which I’m not sure is possible. But, what if it were?

    Would you want a person in control of the most powerful nation on earth with conceivably mixed emotions or divided loyalties making life and death decisions that effect the people of this country?

    Again, I ask the question, what does our Constitution say about the presidency and dual citizenship?

    It’s an interesting question.

    Reply
  10. Bud

    Do you believe everything that you see on the Internet? It's an obvious mistake by some rookie at the Rocky Mountain News Service.

    First, Obama is not a dual citizen of Kenya. There are some wing nuts out there trying to spread this rumor but that dog wont hunt. He's never been qualified to be a citizen of Kenya.

    As Section 90 of the Constitution of Kenya states that:-

    A Person born outside Kenya AFTER (emphasis added) 11th December, 1963 shall become a citizen of Kenya at the date of his/her birth if at that date his/her father was a citizen of Kenya.

    Do the math, Obama was born in 1961, making him unqualified for citizenship under this law. See for yourself:
    http://www.kenyahighcommission.net/passports.html

    For anyone who wants to further belabor the point:

    The Kenya Constitution Section 97 (1) (6) (a) states that:

    Any person who, upon the attainment of the age of twenty-one years, is a citizen of Kenya and also a citizen of another country other than Kenya shall cease to be a citizen of Kenya upon the specified date (6)(a) that is: twenty-three (23) years.

    Even if at some point Obama's father applied for citizenship (which has never been suggested or shown to be true), he would have lost it at age 23, since he was born.

    Let the wing nuts play their rumor games, but McCain is not going to make it in 2008, and will crash just like "Mr. Viagra" Bob Dole crashed in 1996.

    Reply
    1. Danny

      This post is beside the point. Kenya a British colony, so through his father, he was a subject of Great Britain. His mother was a US citizen, so he had dual citizenship.

      Reply
      1. Faith

        Regardless of the current thing in the president’s office, if an individual’s parent is a dual citizen of the US and another country that recognizes dual citizenship, does their child have the right to run for the office of President? What if the child received dual citizenship at birth and was born in the US?

        Reply

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