Birther Schadenfreude: Backdoor Historical Vindication for Obama
Back in 2008, after he was elected but before he took office, I wrote a piece countering what I thought was the strongest attack on Obama’s Natural Born Citizen status. Even then I dismissed out of hand the ‘Kenyan Birth’ version since it required a rift in space-time plus a magical infusion of gold to enable young Stanley Ann Dunham Obama to travel back and forth to Kenya. But there was a reasonably sound case around the ‘Barry Soetoro’ narrative that only totally failed once you ran it through the screen of this little thing I call “U.S. Statutes”. And so was born a post with a laughingly naive subtitle: Nationality Act of 1940: Nipping wingnut memes in the bud
Well it didn’t nip wingnut memes, which in fact propagated even in the forms that were not passing factual laugh tests. But there actually was a reasonable case that Obama, even if you granted the fact that he was born in Hawaii to an American citizen had in fact had that citizenship abrogated by subsequent actions by his mother and step-father. And there is indirect evidence to this in that there is an honest-to-God authenticated school document that identifies a certain Barack Soetoro as being “Indonesian” in nationality and “Muslim” by religion. That is unlike the fever swamp/opium fueled dreams that actually had him born in Kenya (a physical and fiscal impossibility) there was a real document placing a six year old Obama in a place and status that made Birthers howl with triumph. But as it turns out none of that mattered, just as none of it probably matters for Ted Cruz. If you are born a naturalized American citizen exactly nothing your parents or even you can do will permanently void your citizenship. As long as you are back on American soil by the age of 23. Which both Obama and Cruz were. Period. End of Story. Just like I put ‘Paid’ to this back in 2008. Well if everyone had read Angry Bear like they are supposed to and paid attention to an unemployed blogger in Everett Washington. And why wouldn’t they? (Sigh)
Nationality Act of 1940
Sec 401: A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: (a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: Provided, however, That nationality not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twenty-three years without acquiring permanent residence in the United States:
This language was made even MORE liberal by the Nationality Act of 1952
From and after the effective date of this Act a person who is a national of the United States whether by birth or naturalization, shall lose his nationality by — (1) obtaining naturalization in a foreign state upon his own application, upon an application filed in his behalf by a parent, or duly authorized agent, or through the naturalization of a parent having legal custody of such person: Provided, That nationality shall not be lost by any person under this section as the result of the naturalization of a parent or parents while such person is under the age of twenty-one years, or as the result of naturalization obtained on behalf of a person under twenty-one years of age by a parent, guardian, or duly authorized agent, unless such person shall fail to enter the United States to establish a permanent residence prior to his twenty-fifth birthday:
Cruz’s mother could have voted in every Canadian election for the last 40 years and Stanley Ann Dunham Obama Soetoro could have sworn allegience to Indonesia on behalf of herself and her first grade son. AND IT WOULDN’T MATTER.
Was despicable slimeball Ted Cruz a U.S. citizen at birth? If his mother was he was. Was he back on U.S. soil as a permanent resident by the age of 25? Then he regained or better retained his citizenship. Because you don’t lose that by some action by your parents or yourself as a minor. And the beauty of this for me is that every defense of Cruz is a backdoor vindication for Obama. Because every one of those defenses works double for him. And Birthers can suck on that.
If Ann Dunham had married Barack Sr. in 1920 (an act that would have been illegal in most U.S. State on racial grounds) both she and her son would have lost citizenship if that son was born on foreign soil.
And you will find birthers presenting that fact as ‘fact’. And so it is. But 1920 was not 1961.
And I will note that none of this actually settles the ‘natural born’ piece. Just the ‘citizen’ piece. If Cruz was a citizen at birth and lived in the U.S. when he was in his early twenties he still is. Ditto Obama. Period.’Citizenship’ established. By a ‘natural’ birth to a U.S. citizen.
Does that ‘natural birth’ combined with that ‘citizenship’ add up to ‘Natural Born Citizen”? Good question. Because I am a Sovereign Citizen that only recognizes the authority of County Sheriffs. That agree with me. And don’t give me that unelected lawyer Supreme Court thing or Statutes or History. Because I got my ultimate authority right here on my gun belt. And no it is NOT my gun! Are you crazy! Read the inscription on the belt buckle!!
“God mitt uns” https://en.wikipedia.org/wiki/Gott_mit_uns LIke the Monty Python sketch: “I’ve run rings around you logically” (and yes there IS a penguin on the TV set).
As a Canadian citizen, born in the U.S.A. with parents both born in the U.S.A. and all four grandparents born in the U.S.A., I thank the American people for taking Ted Cruz off our hands. Please keep him. We don’t want him back.
I thought “natural born citizen” excluded people delivered by Caesarian section, for some weird Shakespearean reason:
“Fear not, Macbeth; no man that’s born of woman
Shall e’er have power upon thee.”
Haben sie das geld? zu einem Preis konnten wir ihn halten. Otherwise, please wit at the Peace bridge while we send him back.
“Folks step right up! I got your Dr. Webb’s (not an actual MD or PhD) Logic Slicer Right Here! It Dices! It Chops! I am telling YOU it is the YUGGEST Slicer of Logical Bits ever MADE!”
“Pay no attention to the Sandwichman behind the Curtain! He just Wants to Sell YOU a Lump! Don’t get Fooled! Again!”
(Tom do I pass the Celebrity Apprentice test here?)
I like your reasoning. Whether the Supremes do is another matter. Something tells me Scalia would just make something up along the lines of, “Natural born is what I say it is and the answer is NO! What was the question??” There it is. Says it all. 😉 NancyO