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Thursday, April 7, 2011

Trump and the birthers

In a signal that he is unfit for being president, Donald Trump has been out making the rounds of various news programs touting his "consideration" of running for the office and he has been repeatedly raising questions about Barack Obama's birth certificate. Isn't it time that the birther issues were put to rest once and for all? The whispers that Obama was born in Kenya and not in Hawaii were silly since there is no proof that the story is true. More important, however, is the fact that even were Obama born in Kenya, he would still be elligible to be president.

Under section 1 of article 2 of the US Constitution, the president has to be "a natural born Citizen". While the Constitution does not define this phrase, it has been interpreted as meaning a person who at birth was a citizen of the USA.

US law is clear that all people born within the borders of the country are citizens. so, if Obama was born in Hawaii, he is a citizen. But the inquiry does not end here. Again, under US law (8 U.S.C. sec. 1401), the child born to parents, one of whom was a US citizen who had lived in the US for a certain period of time, is also a citizen at birth. Here is the text of the law:

"§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:



(g)a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years..."

So, provided that Obama had one parent who was a US citizen who had lived in the US for at least five years including at least two years after her fourteenth birthday, Obama was a citizen at birth.

Obama’s mother was a US citizen. She lived in the US in California, Oklahome, Texas, Kansas and Washington until she graduated from high school in Mercer island Washington. She then moved with her family to Hawaii and enrolled in the University of hawaii where she met obama's father. By that time, she had already met the statutory requirements of five years residence in the USA with at least two years coming after her fourteenth birthday. That means that Obama was a national and a citizen of the US at birth, i.e., a natural born American citizen.

So, let me be really clear: whether or not anyone can find Obama's birth certificate makes no difference as to whether he is qualified to hold the office of president of the USA. Donald Trump should know this. Indeed, my guess is that Trump does know this, but he is using this issue to get publicity for himself.

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