Obama born in Hawaii = not a natural born U.S. citizen?Update, July 2009... This page
posted almost a year and a half ago is the most visited on this site (besides
the home page). If you google "obama born in hawaii" it comes up 2nd. hello
birthers! if you really want to challenge Obama's being a "natural born
citizen", your strongest legal argument is not actually that he wasn't born in
Hawaii. It's that he was born in Hawaii, but that Hawaii is not actually part of
the United States. And many of you probably support secession in your own
state now that he's president anyway, so really it shouldn't be that
much of a stretch! BTW, watch
this if you want to see how most people view this issue.
/update
Interesting to see how the Hawaiian national issue will pop up in the press with the Dem caucus next Tuesday, where Hawaii's delegates will actually really matter for once, like this AP article. State Senate President Colleen Hanabusa, a Clinton supporter, predicted that Chelsea Clinton's visit "is going to remind people of what the Clintons have done for Hawaii and what Hawaii means to them." First, quick reminder, the Akaka bill, whatever it may be, is definitely NOT "sovereignty." Second, "continue military spending"? So the fact that she has to state that she's for this means that there is a possibility of not continuing military spending, at least at the same levels? Some would welcome that. Like the Hawaiian homeless who can thank the military presence in good part for home prices being out of reach. Now, I just have to point this out... Ponder this, from the U.S. Constitution: No person except a natural born citizen [...] shall be eligible to the office of President Barack Obama was born in Hawaii. If you consider the history and believe that Hawaii is not legally a part of the United States, as many do, then one might ask, is Obama a natural born citizen of the United States? One could even make the argument that being born in Hawaii, he's a Hawaiian national! I believe the most compelling legal analysis based on Hawaiian kingdom and international law and precedent, is that the Hawaiian national population today is comprised of descendants of Hawaiian subjects and those foreigners who were born in the Hawaiian Islands prior to 1898. But it is a gray area that obviously hasn't been tested. In looking at the Baltic states as what I believe is the most apt comparison, Latvia and Estonia adopted this approach, with only descendants of citizens and persons born in the country prior to the occupation being citizens, while Lithuania adopted a more inclusive approach, providing those born in the country subsequent to the occupation with the option of citizenship as well. Could Obama have the option of becoming a Hawaiian national at some point in the future as the transition unfolds? Yes, it's all a flight of fancy at the moment. As an American, I participate in the political system that's been imposed here, and as a Democrat, I will be caucusing for Obama, and I hope he's the next president. I think it will benefit Hawaii in ways unrelated to the islands' political situation or his connection here. Besides, it seems like anyone who would actually want to make an issue of him not being a natural born citizen would probably not be keen on the presumption of Hawaii's independence! But I can't help but wonder... Update: Steve L. mentioned that Obama is also a U.S. citizen because his mother was a citizen (jus sanguinis), which is true, but for the presidency, the constitution specifies not just nationality, but a "natural born citizen" so my understanding is that jus sanguinis does not apply to that specific requirement, only jus soli. One has to be born in the United States to be president, and technically, Obama wasn't. Update 2/17: Check out the Wikipedia page on "Natural-born citizen" for some interesting tidbits. First, it seems there are two sides to the argument about how this phrase should be interpreted in regards to eligibility for the presidency, and the Supreme Court has never addressed it: One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. Thus, to be a "natural born citizen," a person must be born in the United States; otherwise, they are citizens by law and are naturalized.[4] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."[5] To others, the statute that grants citizenship to American children born overseas exempts them from the term "naturalized" and thus, as with the 1790 law, they are to be considered "natural born citizens" eligible for the Presidency.[6] Examples of persons who become citizens at birth (whether "naturalized" or "natural born") would include: birth to Americans overseas, or birth on U.S. soil, territories, or military bases overseas.[7] But it turns out John McCain has his own issue with this requirement: John McCain, who ran in 2000 and is running in 2008, was born at the US military base Coco Solo in the Panama Canal Zone to U.S. parents. The Panama Canal Zone was under United States sovereignty between 1903 and 1979 but was unincorporated.[9] Whether Obama was born in the U.S. depends on Hawaii's political status, while McCain was born outside of the U.S. by anyone's interpretation. If McCain is qualified to be president, I guess Obama is, too. This Washington Post column on "Citizen McCain's Panama Problem?" examines the issue and some other historical candidacies that have raised this question. But is he constitutionally qualified to become president? McCain was indeed born in the Canal Zone, and Article II of the Constitution plainly states that "no person except a natural born Citizen... shall be eligible to the Office of President." And Barack Obama, whose mother was a U.S. citizen, even if Hawaii was not a U.S. state. Very late update... 6/1/08: It has been pointed out to me that prior to 1986, someone born abroad was a U.S. citizen only if both parents were U.S. citizens at the time of the child's birth. Since Obama's father was not a U.S. citizen (he was Kenyan), he actually cannot claim citizenship by jus sanguinis, only by jus soli with Hawaii considered a state. Again, I still don't think this will have any actual effect on his eligibility, since the U.S. considers Hawaii a state, but in fact if you follow the legal argument that Hawaii is an occupied country and the U.S. has never legally acquired Hawaii, the logical consequence is that Obama is not a natural-born citizen by either place or parentage, and is not actually eligible for the presidency. Posted: Fri - February 15, 2008 at 09:46 PM |
Quick Links
This Blog...
And about East Maui kalo farming and other ahupua'a projects. By Scott Crawford - Hana, Maui Support Our Sponsors
Categories
Featured Videos
What are "Ceded Lands" by Dr. Keanu Sai Search
World Court Case DVD
Larsen Case on DVD Larsen v. Hawaiian Kingdom at the Permanent Court of Arbitration The Hague, 2001 DVD Mini-Documentary & Booklet Order your copy FREE HAWAII STICKERS
Over at the Free Hawaii blog, Koani Foundation is giving away "Free Hawaii" stickers and pins, and will post photos of them displayed in interesting places. Spread them far and wide!
HAWAII DOCUMENTS
Hawaii's Treaties
1864 Constitution 1887 "Bayonet" Constitution Hawaiian Kingdom Civil Code Hawaiian Kingdom Penal Code 1893 Blount Report Cleveland's Address to Congress Hawaii's Story by Hawaii's Queen 1897 Anti-Annexation Petition Anti-Annexation Protest Docs The Hawaiian Incident 1993 U.S. Apology Resolution 2001 World Court Award Continuity of Hawaiian Kingdom Law of War: Occupation Hawaii Annexation Links HAWAII LINKS
Hawaiian Kingdom Hawaii Nation Hawaiian Society of Law & Politics Reinstated Hawaiian Government Reinstated Hawaii Hawaiian Kingdom Government Kingdom of Hawaii Restored Bumpy Kanahele Hawaiian Constitutional Convention Anti-Statehood Hui Ko Hawaii Pae Aina Perspectives on Hawaiian Sovereignty Hawaiian Restoration Native Hawaiian Coalition Living Nation Stop Akaka Bill GovTrack: Akaka Bill CNHA Exposed Native Books Hawaii Annexation Documents International Arbitration Kamehameha Schools Native Hawaii - Kako'o 'Oiwi Sovereign Stories Noho Hewa: Wrongful Occupation Save Makua Save UH/Stop UARC Coalition Hawaiian Restoration Save La'au Point Ilio`ulaokalani Coalition Native Hawaiian Trademark Study Hui Malama I Na Kupuna O Hawaii Nei Ka Lei Maile Ali`i Hawaiian Civic Club Hawaiian Historical Society Hawaiian-Environmental Alliance Kipahulu `Ohana Eastside Hui Polynesian Voyaging Society Bishop Museum Oahu Council - Assn. of Hawaiian Civic Clubs Native Hawaiian Chamber of Commerce Ulukau: Hawaiian Electronic Library Hawaiian Dictionaries Hawaiian Language Newspaper Archive Baibala Hemolele: Hawaiian Bible Hawaiian Roots (Genealogy) Hawaiians Abroad `Oiwi: Native Hawaiian Journal Kama'aina Design Wikipedia: Hawaii Wikipedia: Haw'n Sovereignty Movement Wikipedia: Military occupation dKosopedia: Hawaii Deep Hawaii Web Directory HAWAII BLOGROLL
Ka Huli Ao: Center for Excellence in Native Hawaiian Law Blog
Free Hawaii Blog Poinography Ikaika Hussey - Writings & Leftings OHA Lies The Aloha Aina Society Sustainability in Hawaii Raising Islands HawaiiBlog Disappeared News Coffee Break w/ Leslie Wilcox (PBS-HI) Hawaii Election Watch Citizens Helping Officials Respond to Emergencies Kulana Ho'ike'ike State of Play in the Pacific OhanaNet Designs Polotika Hawai'i Advertiser Blogs Hawaiirama Hawai'i Indymedia LiveJournal for Hawaii Nation Eyeball of the Sun Opu's Acousticate He Mana'o 'Oiwi No Hawaii Without Hawaiians Justice for Hawaiians Hawaiian Politics Eye on Hawaii Eye on Ken Conklin E Ala Mai | E Maliu Mai Stop UARC Action Blog Hawaii Stories Vote Hawaii Nahenahe: Hawaiian Music Kev's News Ian Lind Hawaii Energy Options blog Sen. Gary Hooser Legislative Reference Bureau Kaua'i Public Record Burt Lum's Bytemarks Metroblogging Hawaii Common Things Hawaii The Kona Blog Talk Stink Globe of Blogs: Hawaii Isle Ties Blog List Ohana Online Hawaii Blog Directory DailyKos Tag: Hawaii HAWAII FORUMS
PBS Hawaii Kama'ilio Discussion Forum
Hawaii Community Development Portal Forum Hawaii Threads Hawaii Election Watch Forum Tribe.net: Hawaiian Culture & Independence Hawaiians Abroad Advertiser Discussion Board HAWAII PODCASTING
PROGRESSIVE BLOGROLL
Daily Kos
Talking Points Memo Atrios' Eschaton MyDD AMERICAblog The Left Coaster Crooks and Liars Politics in the Zeros Informed Comment Huffington Post Cursor BuzzFlash Majority Report Liberal Oasis Blogarama TV Worth Watching
The Daily Show with Jon Stewart
The Colbert Report NOW with David Brancaccio Foreign Exchange with Fareed Zakaria Countdown with Keith Olbermann Russell Simmons presents Def Poetry Real Time with Bill Maher Washington Journal on C-Span PBN Friday with Howard Dicus Portfolio
Sites I've created:
Hawaii Nation Hawaiian Kingdom Hawaiian Society of Law & Politics Aloha Quest Hawaiian Kingdom World Court Arbitration Kipahulu Ohana East Maui Taro Festival Friends of Mokuula Owana Salazar Senator J. Kalani English Hawaiian Storyteller Canoe Plants of Ancient Hawaii Eastside Hui Maui Nui Cultural Web Directory Feather Leis by Tetura Designs The Tao of Piercing Hawaii Beekeepers' Association Original Hawaiian Chocolate Factory Harpo's Dressings Waikiki Grand #1005 Hana Bay Hale Hale Kukuna Tradewind Cottages Tradewind Tropicals Maui Flower Growers' Association Yoga School of Kailua Grupo Osanimi Archives
CURRENT IMAGE
Support Organ Donation
Comments powered by
TECHNORATI
SUPPORT THIS BLOG
If you find this weblog valuable, please consider making a secure donation via PayPal to support its ongoing maintenance:
Mahalo!
Or contact me about sponsoring this blog in exchange for space in the Sponsored Links area above.
XML/RSS Feed
Statistics
Total entries in this blog:
Total entries in this category: Published On: Jul 24, 2009 08:44 AM |