General Question

Engilshvintner's avatar

What would happen if Obama was not born on or in USA soil?

Asked by Engilshvintner (16points) October 29th, 2008

I was wondering what would happen if Obama was not born on usa soil. Who would become presdient?

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34 Answers

eambos's avatar

You can’t be a candidate for president if you weren’t born on US soil…

EmpressPixie's avatar

He wouldn’t be on the ticket, you wouldn’t be able to vote for him. You don’t even get to run if you’re not legal for the job.

robmandu's avatar

You merely must be a (non-naturalized) citizen. That is not synonymous with being born on American soil.

jholler's avatar

you must be a natural born citizen, not naturalized.
Art 2, sec 1, par 7 of the Constitution

eambos's avatar

@Robmandu You must be a citizen to hold any public office, but in order to be President you must have been born on US soil.

emilyrose's avatar

US bases abroad also count. Wasn’t McCain born on a base in Panama?

jholler's avatar

US military bases (at least the permanent ones) and embassies are legally US soil.

robmandu's avatar

@Eambos, incorrect.

Babies born to American citizens in other countries are automatically natural born citizens of the U.S., too.

eambos's avatar

They should really start evaluating school teachers more often. My most recent American history teacher stated that “A presidential candidate must have been born on US soil in order to be elected.”

I guess the details start to fade after teaching for three decades.

coemgn's avatar

The mother must be 19 years old to have a child born a US citizen. At least at the time Obama was born.

If Obama had been born a US citizen, if the HI story is correct, he probably lost it when his mother remarried an Indonesian man & took Barry to Indonesia. At that time neither the US nor Indonesia allowed dual citizenship. According to Indonesian/Moslem law, he has the citizenship of the man of the house, in this case his step-father.

I called Obama Barry because the Obama name was not used at this time. His step-father’s name was Soretoro. I am unsure of the spelling & I am not going to look it up.

Les's avatar

Wow, coemgn. Just wow.

Snoopy's avatar

For the record, a kid is a US citizen if they are born in the USA or born to at least one American parent overseas.

In the case of a child being born overseas, in some cases they would also have the citzenship of the country in which they were born.

No age limit on the mama, BTW

jessturtle23's avatar

McCain wasn’t even born in America and if he was born one year later he couldn’t have been president. I think that is why he doesn’t use this argument so much.

Snoopy's avatar

@jess…what do you mean “one year later”?

jholler's avatar

You’re new here, so let me start by pointing out that I am a gun-carrying, meat-eating conservative undocumented border guard…that is so you don’t think I am defending Sen Obama. “The mother must be 19 years old to have a child born a US citizen. At least at the time Obama was born.” Source, please…I believe you’re wrong.
“If Obama had been born a US citizen, if the HI story is correct, he probably lost it when his mother remarried an Indonesian man & took Barry to Indonesia. At that time neither the US nor Indonesia allowed dual citizenship. ”
Regardless of the validity of this statement, Citizenship law is retroactive. That’s why Sen McCain is a natural-born citizen…and I’m not going to look that up for you.
By the way, I stand corrected on my statement that US bases are US soil. The State Dep website pointed out that this is a common misconception.

jessturtle, I just saw your response, and the law certifying citizenship for children born abroad of 2 US parents was retroactively applied to McCain. It was enacted 1 year after he was born.

shilolo's avatar

@Rob. You must be a natural born citizien and not a naturalized citizen to run for President or Vice-President. I know, because I considered running, but realized I couldn’t as a (second-class) naturalized citizen. The same idea has occurred to the Terminator.

jholler's avatar

I wouldn’t call it second class…eligibility for POTUS is the only difference between natural-born and naturalized, isn’t it?

jessturtle23's avatar

They drafted the law a year after he was born.

shilolo's avatar

Well, it seems second class to me. I am no fan of Arnold Schwarzenegger as a governor of my state, but, he has been a successful screen actor (like another famous CA governor), businessman and now, governor. The law in place is an archaic remnant of revolutionary ideology (i.e. we don’t want any foreign born person to become President). Why someone who has been a productive member of American society for decades can’t at least envision running for President is beyond me.

robmandu's avatar

@shilolo, what exactly are you correcting for me? I said “non-naturalized” earlier. Then later, I explained that “natural-born” is not the same as “born on U.S. soil.”

jessturtle23's avatar

I see what I typed now, my bad.

Engilshvintner's avatar

What if he got elected and then we found out that he wasn’t born on US soilt? Would Biden step in?

jholler's avatar

He would have to, but since there is an appeal pending before SCOTUS on this very subject, I really doubt that any aspect of the validity of his citizenship will go overlooked.

Bri_L's avatar

Obama’s birth questions are all a complete load of crappola with a healthy topping of consperi-sauce. Note

tocutetolive90's avatar

he wouldn’t be able to run for president

Snoopy's avatar

tocutetolive Um, did you bother to read any of the thread before you posted?

Sorry, but you are incorrect.

jholler's avatar

Well, it would be incorrect if both of Sen Obama’s parents were US citizens. Since his father was not, it is important that he was born on US soil.

Snoopy's avatar

@jholler No, it is not important. His mom was a US citizen. Even if he is born in a foreign country, to the USA, he is a US citizen. He might have dual citizenship with his country of birth, however….

jholler's avatar

I may have been too general, there are requirements, however.
“Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.”

This is assuming the parents are married. If not, then more restrictions apply.

jholler's avatar

Sorry, it appears that if the parents are not married, the child may acquire citizenship, or become a naturalized citizen.
“Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309© INA if the mother was a U.S. citizen at the time of the child’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.”
(same link)

Snoopy's avatar

@jholler Wow. I got a headache just from reading that! Definitely confusing enough to have been created by the US gov’t. LOL.

Thanks for sharing!

Judi's avatar

what would happen if McCain were not born in the US? Come on!

jvgr's avatar

McCain was born in Panama

robmandu's avatar

@Judi, are you requesting equal time for political discussion? Really? Here?

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