Give Us Liberty: Revisiting Obama's CURRENT Citizenship...

THE FACTS, THE LAW, THE INESCAPABLE CONCLUSION

Legal Analysis by John Charlton

The Union Jack, symbol of British tyranny and oppresion to the American revolutionaries, has flown over the head of Barack Obama from his birth.

(Dec. 24, 2009) — Barack Hussein Obama has written 2 biographies about himself and has publicly spoken of his origins in many public speeches. He claims as his biological and legal father, a man who went by the name Barrack Hussein Obama. That is the more common Kenyan spelling of the name. His claimed father also went by the names “Barak” and “Barack”, the former when he penned an article in an journal on economics, in Nairobi, in the 60’s, the latter when he registered at the University of Hawaii. The latter form appears on the electronic image of Obama’s alleged Certification of Live Birth.

If we apply the provisions of British and Kenyan law to the simple facts, which Obama claims about himself — though in truth there is no publically available documentation to confirm the truth of these facts — the inescapable conclusion is that Obama was born a British subject and is now, still to this day, a British subject: a Commonwealth citizen, to be exact.

The laws and regulations which lead to this conclusion are the official British Consular Registry Stipulations, the British Nationality Act of 1948 and of 1981, Kenya Constitution, and the Kenya Independence Act of 1963.

Let’s see how these apply to Barack Hussein Obama, Jr.

The Consequence of Obama’s alleged birth story is that he’d be born a ‘British Citizen by Descent’

The British Consular Registry uses the criteria set forth in the British Nationality Act of 1948 Section 5(1) of the United Kingdom and Colonies to determine who would be qualified as a “British Citizen By Descent.”

Section 5-1 reads thus:

5.—(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:

Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—

(a) that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects; or

(b) that person’s birth having occurred in a place in a foreign country other than a place such as is mentioned in the last foregoing paragraph, the birth is registered at a United Kingdom consulate within one year of its occurrence, or, with the permission of the Secretary of State, later; or

(c) that person’s father is, at the time of the birth, in Crown service under His Majesty’s government in the United Kingdom; or

(d) that person is born in any country mentioned in subsection (3) of section one of this Act in which a citizenship law has then taken effect and does not become a citizen thereof on birth.

The man Obama claims as his father is Barrack Hussein Obama, Sr., a man born in the Kenya Colony in 1936. Being born in the Kenya Colony, he was a British subject or citizen. Obama was born after the commencement of this above quoted act, ergo, Obama Jr. is a British citizen-by-descent; the precise nature of his citizenship would be a Citizen of the United Kingdom and Colonies (CUKC). Citizenship by descent is the means of obtaining it.

The Consequence of Obama’s alleged birth story is that he’d become a Citizen of Kenya in 1963

According to the Kenya Constitution (87), Obama became a Kenyan citizen in 1963, by virtue of the fact that his claimed father was born in the Kenya colony.

The Constitution of Kenya, Section 87, reads thus:

87 *. Persons who became citizens on 12th December, 1963

Every person who, having been born in Kenya, is on llth December, 1963, as 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.
Every person who, having been born outside Kenya, is on llth December, 1963, as 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.

Therefore Obama Jr. became a citizen of Kenya, Dec. 12, 1963, when his father did. Moreover, when his father returned to Kenya, upon graduation from Harvard, he obtained employment with the Kenyan Government as a senior Economist. However, in section 88 it specifies that one who can become a citizen, may only register as such if he is 21 years or older. Whether this means that he is not a citizen unless registered it not clear. If so, then if Obama Jr.’s parent(s) did not register him, he might not have become a Kenyan citizen.

Note, that while the Kenyan constitution prohibits dual citizenship for those 21 years old or older, it does not do so for minors (cf. section 97 of the Kenyan Constitution).

The Consequence of Obama’s alleged birth story is that he’d become a Commonwealth Citizen in 1963

According to the Kenya Independence Act of 1963, Obama would have lost his British citizenship status as a Citizen of the United Kingdom and Colonies, if he became a Kenyan citizen on Dec. 11, 1963.

This is the legal conclusion of the provisions of Chapter 54, section 2(2):

(2) Save as provided by section 3 of this Act, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if on that day he becomes a citizen of Kenya.

Nor is this obviated by the provisions of Section 3 of the Act, because these expressly do not include Kenya, but only the other colonies and protectorates of the British Empire.

However, according to Section 95 of the Kenyan Constitution, all Kenyan citizens become Commonwealth Citizens:

95. Commonwealth citizens

Every person who. under this Constitution or an Act of Parliament. is a citizen of Kenya or who, under any law for {he time being in force in a country to which this section applies. is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

What’s happening here, is that Kenya is going from the status of a colony to the staus of a Commonwealth Nation. Those who were Citizens of the United Kingdom and Colonies in virtue of their birth or descent from someone born in Kenya, are now Commonwealth citizens, because Kenya has become independent.

Note that a Commonwealth citizen is the modern term which corresponds to the older term, “British subject”. This is because a British subject was the category of citizenship which encompased Citizens of the United Kingdom and Colonies and British Protected Persons. “British subject” as a term is no longer used, but the notion is the same. It would be more accurate not to call Obama a “british subject”, but a “Commonwealth citizen,” but for Americans they would not understand what the latter is, without an explanation (most don’t know what the Commonwealth of Nations is either).

Obama’s alleged childhood history raises the question that he was adopted by an Indonesian citizen, and therefore became an Indonesian citizen in 1966-67

According to the laws of Indonesia, in force in the 1960’s, Obama would have become a citizen of Indonesia if he was adopted by Lolo Soetero at the age of 5 or younger.

It is not yet known whether he was adopted, of if he was, in what year this may have occurred. Facts to support such an adoption are thus: an Indonesian school record which indicates that he was an Indonesian citizen, bearing the name Barry Soetero, and the Dunham-Soetero Divorce Decree of 1981, which indicates a non-minor as a child of the marriage.

That Obama goes by the name “Barry” was evidenced recently, when he called into a radio show and spoke with the outgoing Governor of Virginia. On that occasion he identified himself as “Barry from D.C..” When questioned about this phone call, the White House said that it “would not be inaccurate” to say the person calling was Barack Hussein Obama, Jr..

The Presumption is that Obama did not revoke his British Citizenship on Aug. 4, 1979

According to the British Home Office: U.K. Border Agency, to renounce British Citizenship one must be at least 18 years of age and fill out a declaration, using form RN.

Therefore, upon reaching the age of 18, on Aug. 4, 1979, Obama could have revoked his citizenship. However, the British Government has never affirmed that he has. Therefore in law we must presume that he has not, if his birth story is true.

There is ground to suppose Obama renewed his Kenyan Citizenship in 1982

The Kenyan constitution establishes that upon reaching the age of 21 years, a Kenyan citizen must renounce all other citizenships, if he wants to retain his Kenyan citizenship. There is a 2 year window in which he must make such a renunciation. In Obama’s case this window opened on Aug. 4, 1982, and closed on Aug. 4, 1984. It is known that Obama visited Kenya 2 years after his father’s death (which occurred in 1981), and thus in 1983, during this window of opportunity.

The Consequence of Obama’s alleged birth story is that in 1983, he’d was born a British subject and remains such today

Obama acknowledges his British citizenship, by bowing to his Queen, Elizabeth II.

The British Nationality Act of 1981 changed the nomenclature for citizenship status.

The pertinent provision of that act is found in Chapter 61, Part III, and reads as follows:

PART III BRITISH OVERSEAS CITIZENSHIP

s 26 Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement.

Any person who was a citizen of the United Kingdom and Colonies immediately before commencement and who does not at commencement become either a British citizen or a [British overseas territories citizen] [FN1] shall at commencement become a British Overseas citizen.

By “commencement”, the Act signifies Jan. 1, 1983, the date upon which it went into force.

Hence according to this Act, if Obama Jr. , did not become a Kenyan citizen, because his parent(s) did not register him as such, he would have gone from being classified a Citizen of the United Kingdom and Colonies by descent, to a British Overseas Citizen. If he did become a Kenyan citizen, then he became also a Commonwealth Citizen on Dec. 11, 1963, and that is the modern term for a British subject.

In summary, Obama was born a British subject, and remains either a British Overseas Citizen or a Commonwealth Citizen, that is, in either case, a British subject even today — that is, if his birth story is true. He was also a citizen of Kenya prior to age 21, and may still be one. He seems also to have been a citizen of Indonesia from 1966-1980’s, but his Indonesian citizenship status is uncertain.

Editor’s note: There was another article at The Post & Email with a similar title and subject, but which I was asked to pull by its author, since the author feared being attacked by Obama supporters. I owe nearly all the research to this author, but this article is entirely my own creation, inasmuch as I have not cited the author in anything, and wrote all the above myself, excluding the cited laws. I have however, altered the argument, since now with further study, I find that it is more correct to say Obama was born a British subject and now remains such.