January 06, 2013

Constitutional Authority of U.S. Congress with respect to Citizenship

Mario Apuzzo, Esq. has a nice write-up on the Constitutional authority of Congress ...

In matter of citizenship, Congress has under Article I, Section 8, Clause 4, power only to make uniform the laws of naturalization. This power does not include the power to define an Article II “natural born Citizen.” To grant Congress the sole or any authority to decide what a “natural born Citizen” is would also defeat the U.S. Supreme Court’s constitutional mandate that it is the “ultimate interpreter of the Constitution.” Nixon v. United States, 506 U.S. 224, 237 (1993). Indeed, Congress is constitutionally bound to follow the lead of the U.S. Supreme Court on the meaning and application of the Constitution.
Mario Apuzzo, Esq. Blog
Obama's mother, Stanley Ann Dunham Soetoro, renews her passport in 1968.

The instructions indicate an applicant should cross out any sentence in the affirmation if a family member has naturalized in a foreign state and then proceed to the Amend to Include (Exclude) section of the application.  Obama's mother wrote Obama's name in the Amend section and crossed out his name to indicate he naturalized in a foreign state.

Obama's mother wrote and crossed out his name in the Amend to  Include (Exclude) section of her passport renewal.

Obama's mother returns to Hawaii when Obama, who previously flew to Hawaii as a unaccompanied minor with foreign nationality, was taken into protective custody by U.S. Immigration and Customs Enforcement. Obama had naturalized in Indonesia after Lolo Soetoro had finalized the adoption in Hawaii. The Court ordered the original long form birth certificate of Barack Hussein Obama to be sealed and archived . Furthermore, the Court ordered the Hawaii registrar to create a COLB for Barry Soetoro with the paternal parent as Lolo Soetoro.

U.S.Secretary of State Dean Rusk issued Barack Hussein Obama (Soebarkah), a/k/a/ Barry Soetoro, a Certificate of Loss of Nationality in 1968 after learning Obama had naturalized in Indonesia from his mother's passport renewal application and supplementary statements.

Per State Department policy, Obama was noticed on his 18th birthday he could recapture his U.S. Citizenship and natural born citizenship status with an application within 6 months before a Consular Affairs Officer and an oath of allegiance. Obama chose not to recapture his U.S. Citizenship by the deadline and lost his natural born citizenship status forever.

Stanley Ann Dunham Soetoro flies to Hawaii Oct. 21, 1971 on a expired passport.