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.

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