Barack Hussien Obama Jr. is in Fact a Dual Citizen and is Constitutionally Disqualified to Hold the Office of President

[Teo Bear]

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Texas Darling has just brought something to my attention on her blog story Obama Admits Dual Citizenship that Obama’s “Fight the Smears” and Anneberg’s FactCheck have just posted the following statement,

“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.”

I disagree with both Obama’s and FactChecks assessment. The have not told the truth, and you need to understand this as they say, “the Devil is in the details.” To get to the bottom of this I am going to walk through this with you, all cited laws will be indented, and my comments about the law will also be indented and be typed in red letters.

How is someone granted Kenyan citizenship? There are two ways a person can be a citizen of Kenya. It is described in Section 87 of the Kenyan Constitution in Chapter VI, titled Citizenship.

Chapter VI, Section 87, Persons who became citizens on 12th December, 1963, Sub-Section (2) states,

(1) Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963; Provided that a person shall not become a citizen of Kenya by virtue of this subsection if neither of his parents was born in Kenya.

Let us assume that Barack Hussein Obama Jr. was not born in Kenya, this sub-section does not apply to him.

(2) Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.”

Again, let us assume that Barack Hussein Obama Jr. was born outside of Kenya. On December 11, 1963 became a citizen of the United Kingdom, or was granted the status of a British protected person. In either case, becoming a citizen of the United Kingdom or a British protected person on December 12, 1963, Barack Hussein Obama Jr. became a citizen of Kenya.

The phrase “Subsection (1)” that is mentioned above refers British Nationality Act, 1948 in respect to Barack Hussein Obama Sr. and not Barack Hussein Obama Jr.

British Nationality Act, 1948 Subsection (1) states,

(1) Every person who under this Act is a citizen of the United Kingdom and Colonies or who under any enactment for the time being in force in any country mentioned in subsection (3) of this section is a citizen of that country shall by virtue of that citizenship have the status of a British subject.

(2) Any person having the status aforesaid may be known either as a British subject or as a Commonwealth citizen; and accordingly in this Act and in any other enactment or instrument whatever, whether passed or made before or after the commencement of this Act, the expression "British subject" and the expression "Commonwealth citizen" shall have the same meaning.

(3) The following are the countries hereinbefore referred to, that is to say, Canada, Australia, New Zealand, the Union of South Africa, Newfoundland, India, Pakistan, Southern Rhodesia and Ceylon.

In regards to Section 87 (2), Obama, FactCheck.org and myself all agree as the only possible reason Barack Hussien Obama Jr. would be afforded Kenyan citizenship, if he was in fact born in Hawaii, is because his father was a Commonwealth citizen under Subsection (1) of the British Nationality Act, 1948 and a Kenyan citizen under Section 87 (1) of the Kenyan Constitution.

But now, Obama and FactCheck would want us to believe that Obama never activated his Kenya Citizenship and that Kenya Prohibits Dual Citizenship.

“But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya's Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya.” FactCheck August 29, 2008

Let us first look at Kenyan law concerning dual citizenship. What Obama and FactCheck are saying is not true. Kenya does allow Dual Citizenship.

Chapter VI, Section 97, Dual citizenship, states,

(1) A person who, upon the attainment of the age of twenty-one years, is a citizen of Kenya and also a citizen of some other country other than Kenya shall, subject to subsection (7), cease to be a citizen of Kenya upon the specified date unless he has renounced his citizenship of that other country, taken the oath of allegiance and, in the case of a person who was born outside Kenya, made and registered such declaration of his intentions concerning residence as may be prescribed by or under an Act of Parliament.

This sub-section is overridden by sub-sections 2 because Barack Hussein Obama Jr. was granted citizenship via Section 87.

(2)* A person who -

(a) has attained the age of twenty-one years before 12th December, 1963; and

(b) becomes a citizen of Kenya on that day by virtue of section 87; and (c) is immediately after that day also a citizen of some country other than Kenya, shall subject to subsection (7), cease to be a citizen of Kenya upon the specified date unless he has renounced his citizenship of that other country, taken the oath of allegiance and, in the case of a person who is a citizen of Kenya by virtue of section 87 (2), made and registered such declaration of his intentions concerning residence as may be prescribed by or under an Act of Parliament.

This sub-section does not apply to Obama, because he has not reached his 21^st birthday on December 12, 1963

(3) A citizen of Kenya shall, subject to subsection (7), cease to be such a citizen if -

(a) having attained the age of twenty-one years, he acquires the citizenship of some country other than Kenya by voluntary act (other than marriage); or

This clause speaks of citizenship conferred through a voluntary act, except such citizenship acquired through as marriage. Who can argue that birth, is a voluntary act! If Obama’s supporters try to argue birth is voluntary than they are in fact stating that life begins before birth, as only a sentient being can make a voluntary act.

On face value what Obama and FactCheck say is false, if not a bold face lie. This clause of the Kenyan Constitution does allow for dual citizenships, because marriage is an exception to voluntary taking dual citizenship.

(b) having attained the age of twenty-one years, he otherwise acquires the citizenship of some country other than Kenya and has not, by the specified date, renounced his citizenship of that other country, taken the oath of allegiance and made and registered such declaration of his intentions concerning residence as way be prescribed by or under an Act of Parliament.

Look closely at clause (b) Please note that the tense of the verbs. “Having attained,” is the Past Perfect Progressive, the Past Perfect Progressive describes something in the past. What does it describe? The 21^st birthday. The tense of the verb acquire that is used is third person present tense, which means that from the 21^st birthday forward. Citizenship he would have acquired other than citizenship in the United Kingdom and Colonies is not covered. The reason for this that this whole subsection hinges on Section 7 of the British Nationality Act, 1948. What exactly does Section 7 say,

(1) The Secretary of State may cause the minor child of any citizen of the United Kingdom and Colonies to be registered as a citizen of the United Kingdom and Colonies upon application made in the prescribed manner by a parent or guardian of the child.

It is possible that either Stanly Ann Dunham (Obama) Soetoro or Barack Hussein Obama Sr. made the application for him as a minor.

(2) The Secretary of State may, in such special circumstances as he thinks fit, cause any minor to be registered as a citizen of the United Kingdom and Colonies.

I am adding this only for clarification. For instance, a baby found abandoned and alone let us say on the island of Bermuda. The Crown has the obligation to protect this child, and the Secretary may grant this child citizenship in the United Kingdom, even though that child in reality may be an orphaned natural American citizen.

Now the question is was Barack Hussein Obama Jr, ever registered as a citizen of the United Kingdom and Colonies?

If Yes, then Kenyan citizenship is not an issue, for he is now a citizen of the United Kingdom, and it is this United Kingdom citizenship that he must renounce, as this clause is referring to minors registered as citizens of the United Kingdon under Section 7 of the British Nationality Act, 1948.

If No, then this Clause does not apply to him, but under Section 87 (2) Barack Hussein Obama Jr. would have still been afforded the status of a British Protected person, keeping his Kenyan Citizenship under Section 87 (2).

Under Kenyan law, Barack Hussein Obama Jr. is allowed to hold both US Citizenship and Kenyan Citizenship.

I want to return to the statement on Fight the Smears that states, 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. This is actually smoke and mirrors, Obama would have you believe that he himself would have needed to apply for Kenyan Citizenship. But that is not true, someone else could have done this for him before he reached the age of 21.

Chapter VI, Section 92. Persons eligible to be registered as Kenya citizens

(2) A person shall be eligible, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya if. at the date of his application, one of his parents is a citizen of Kenya. and the Minister may cause any such person who so applies to be so registered:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian.

As you can see by the underline sentence, while Barack Hussein Obama Jr. could not have activated his Kenyan citizenship before he was 21, but his father, Barack Hussein Obama Sr. could easily have done this on his behalf of Barack Hussein Obama Jr.

In December of 1971 Barack Hussein Obama Sr., was a Senior Economist in the Kenyan government. Although he would loose his position due to several factors, we can only surmise that at that point he was still a member of the Kenyan government, secure in his position and financially well-off enough to fly halfway around the world and spend a month in Hawaii. (How many Americans can afford to spend a whole month in Hawaii?) As a senior economist in the government of Kenya, with a high degree of political influence, it is more than entirely probable, it is likely that Barack Hussein Obama Sr. applied for and was granted Kenyan citizenship for his son.

What man travels halfway around the world to meet his estranged child and does not have a present to give his child. If I was going to see my son, who I have not seen for eight years, and who I may never see again, I would want to give him something that would forever create a bond between us. It would be something that only I could give him. Of course, if I had a child born to a foreign woman, living in a foreign country I would give him his citizenship papers and passport for my country, the USA. This would forever bind us to one location, my homeland. Is it unreasonable that Barack Hussein Obama Sr. did the same for his son Barack Hussein Obama Jr.

What could Barack Hussein Obama Sr., give his namesake that would be a gift and forever link them to a singularity. Of course, it would be citizenship, Kenyan citizenship. A form of Citizenship that could not be taken away, nor would force his son to choose between one country or the other if he was to have waited until he was 21. By getting his son citizenship under Article VI, Section 92 of the Kenyan Constitution Barack Hussein Obama Sr., effectively nullified the consequences of Article VI, Section 97. That is a gift worth going halfway around the world to give a son he may never see again.

There is nothing in the Kenyan Constitution Section 92 Persons eligible to be registered as Kenya citizens or Section 94 Deprivation of citizenship that requires a person granted Citizenship under Section 87 Persons who became citizens on 12th December, 1963 sub-section 2 to become a citizen by their 21^st birthday, this benefit does not lapse. This is another falsehood or bold faced lie told by Barack Hussein Obama on his Fight the Smears website.

Why is the issue of dual citizenship important, and disqualifying quality for a potential President? What most Americans do not know or understand is what our founding fathers said about dual citizenship. There was none. 1. From the Naturalization Acts of 1795 requiring candidates for citizenship to "satisfy a court of admission as to their good moral character and of their attachment to the principles of the Constitution." Moreover, the new citizens took a solemn oath to support the Constitution of the United States and "renounce" all "allegiance" to their former political regimes.

2. This was affirmed as late as 1940 with Nationality Act of 1940

3. This was upheld in the 1958 Supreme Court ruling of Perez v. Brownel. Writing for the majority "this conduct, not irrationally, as importing not only something less than complete and unswerving allegiance to the United States but also elements of an allegiance to another country in some measure, at least, inconsistent with American citizenship" Justice Frankfurter

4. This was reversed in 1967 when the composition of the Supreme Court changed. In the Afroyim v. Rusk Justice John Harlan writing for the minority said "the majority overturned nearly 200 years of accepted law by a remarkable process of circumlocution." The Court did not address the issue of dual citizenship and Article II, Section 1 of our Constitution.

Even if a lower court would rule, that Obama was protected under the 14th Amendment of not voluntary loosing his citizenship, the fact remains that the issue of dual citizenship has never been addressed by the Supreme Court.

To understand how to interpret the Constitution is to in a way understand the founders minds. There is no doubt that they were religious men, who used their bible to chart a new course for a new nation, as there was no other county on earth at the time that offered full democracy to its citizens that they could use as a model. To understand how they drafted Article II, Section 1 is found in biblical passages, and in not a national socialist fever that many countries go through after they are liberated, such as France did soon after our revolution.

To select the President the founders used the Torah.

“you shall surely set a king over you whom the Lord your God chooses; one from among your brethren you shall set as king over you; you may not set a foreigner over you, who is not your brother.” Deuteronomy 17:15

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.” Article II, Section 1 of US Constitution

The founders listened to Almighty God and as you can clearly see in Deuteronomy God was telling them as HE is tell us not to set a foreigner and someone who is not our brother over us, and in doing so the founders defined the term of natural citizen.

As to dual citizenship, the idea was foreign to them based upon the following biblical passage. Also at that time there were no dual citizens, to be an American you had to renounce all foreign allegiance. Biblically where did they get this idea?

“No one can serve two masters; for either he will hate the one and love the other, or else he will be loyal to the one and despise the other. You cannot serve God and mammon.” Matthew 6:24

As to the concept of separation of church and state, I would submit the following biblical verse for your consideration.

“Render unto Caesar the things which are Caesar’s, and unto God the things that are God’s “ Matthew 22:21

The founders realized that a persons faith was between them and Almighty God and not the state, but ones political allegiance belonged to the country.

On a last note on how our leaders felt about national loyalty, the following two quotes are from the same time in history by two men who ran against each other for President,

"You cannot become thoroughly Americans if you think of yourselves in groups. A man who thinks of himself as belonging to a particular national group in America has not yet become an American, and the man who goes among you to trade upon your nationality is no worthy son to live under the Stars and Stripes. "Woodrow Wilson

"But this is predicated upon the man's becoming an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all....We have room for one soul [sic] loyalty and that is loyalty to the American people." Theodore Roosevelt

Even if his Kenyan citizenship was not enacted, he could at anytime enact it. This would allow a sitting President to commit an act of Treason and simply move to another country and live there as a citizen. Imagine that this President was Barack Hussein Obama Jr. Imagine that this country was Kenya, controlled by that President’s blood relative, Raila Odinga. Imagine if a President Barack Hussein Obama Jr. has his democratic Congress spend billions on Kenya in ear marks. Imagine if even half of this money went into a Kenyan bank account, under the control of Barack Hussein Obama Jr. Imagine that his cousin enacted a law that prohibited the extradition of a traitorous ex-President. Is this what change is all about?

Conclusion Barack Hussein Obama Jr. may not be a natural born citizen, but if he is a natural born citizen, he is a natural born citizen with multiple loyalties. He is in fact a current Kenyan citizen or he is currently eligible to be Kenyan citizen or he is a citizen of the United Kingdom. He does not have undivided loyalty to these United States of America.

[Teo Bear]

I do not think that is true Radiant, I do beleive that people are wising up to Obama, and that he will loose. But I am not doing this for America, I am doing it for the truth. I know G-D has a plan and that the US is a part of the plan. I do not believe that America will save Israel, only G-D can do that, but studying prophesy there is a role yet to be played by America. America will not be the victorious leaders, but if America turns on Israel this would nullify Ezekiel. As you see from Ezekiel only the countries surrounding Israel will be involved in the attack, if America fails then the whole world would be against Israel. I believe that America will be taking a good deal of heat from the world away from Israel. I beleive that in the end Obama will not win.

I learned one thing in my life, you can be beaten by anyone and not defeated. See your opponent can claim victory, to be defeated only you can admit to the defeat. Prime example, GW Bush flew out to an aircraft carrier and declared victory in Iraq, but Saddam's people did not admit defeat until he hung on a rope and his sons laid in a pool of blood.

If you feel you are defeated than you are. There is a lawsuit pending at this moment that is ready is to go mainstream. It involves his qualifications to be President under the constitution and it has an excellent chance to succeed. I happen to know that very shortly this will happen. Have faith that G-D has not abandoned those that put their faith in HIM.

[Linda Clapp]

Wow - I was just here to read - wasn't going to chime in - but, I must. Yes, the time is short -less than 40 days, burt I've been out in the world of bloggers and the tide is turning. The 'demons' always scream louder when their time is so short. That means they are on the run. The UN conferences are dismal, but they allow us to be able to point out exactly where these Jihadist-nations stand. The US delagates did 'walk out' with the Israelis, no matter what the witch-rice dissembles about. The bloggers are watching and many are agast. The conservative media are turning on the extreme-liberals (NBC- tip of the iceberg) Tonight's debates forced O to waffle on prior-statements - he is backing-up (whether he realizes it or not). I have come under attack from the libs. also - but they soon back down with facts. Why? Because they have no legs to stand on. These radical-leftists are loud and totally obnoxious, but that can be used in our favor. Most common people do not agree ( that silent majority thing). Free speech demands that both sides have rights, so we can stand up! There are churches that are going to come out with endorsements (bucking the IRS). I wish to tell them that they have the right to lay out the differences. We have such clear differences - they could enlighten their congregations . The rev. Wright's churches have yelled their politics, the American mosques are most likely screaming their endorsement, so the churches have every right to teach and lay out the realities of Jihad, economic plans etc. We can do ALL things, because our G'D does strengthen.

[Dr. Bobbi Anne White]

I originally became involved with this subject because someone asked me to do his astrology. Then I found out that there was his secrecy and lack of transparency.
Now, even as a former Hillary supporter, I am disappointed that she has stayed with a Party that abused her.
I have done the astrologer of John McCain and Sarah Palin and there is no doubt that they will go on to serve this mighty nation in the upcoming years.
Moreover, the election laws have to be amended to prevent this "threat from within", the Trojan Horse, from ever happening within.
"For the first time in my adult life, I will be voting Republican."

[wharold]

Obama's campaign sent $800,000 to ACORN to help his GOTV efforts. ACORN has many times been found guilty of voter fraud and has several former members currently serving time for same.

The Democrats have demostrated their firmly held belief that without their "natural" leadership, all will go to Hell, which ironically, they don't believe in. I have no doubt Obama will win and I have no doubt it will not be a righteous victory. The MSN is doing all they can to provide cover for Obama while acting as his attack dogs.

A few days ago, Obama's campaign tried to enlist lawmakers and police in Missouri to form "Truth Squads" in order to prosecute any who publicly beg to differ with Obama's version of truth.