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British Law: Obama is a British Subject

December 25, 2009

THE FACTS, THE LAW, THE INESCAPABLE CONCLUSION

Article: The Post & Email

Barack Hussein Obama has written 2 biographies about himself and has publicly spoken of his origins in

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

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. [pdf]

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

1. 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.
2. 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

1. 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 status 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

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.

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

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.

Come on, Obots. Argue with the facts. Argue with the law. Go ahead and dog on Sarah Palin. Same ol’ Same ol’ — you know.

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30 Comments leave one →
  1. December 26, 2009 2:42 pm

    Well, you can’t blame the Brit’s for not standing up and agreeing with this. They’ve done enough to themselves without having Oscumbo claiming to be one of them.
    Bob A.

  2. sarahbaram permalink
    December 26, 2009 7:33 pm

    I’m confused, but that may just because of the way I was reading this. Are you saying that Obama was not born in the US also, or just that because of his father he gained all of these other citizenships and therefore should not be President? I was born in the US, but because of my father am also a citizen of Canada by default. I know other people my age who have the same dual citizen ship with other countries because of a foreign parent.
    Also, I am not sure about using the picture of him bowing to the Queen as evidence. It is just proper etiquette, even if you are not a citizen of the country. At least that is how I interpret it.

  3. December 27, 2009 12:40 am

    An American president bows before no one.
    To be eligible for the presidency, both your parents must be citizens of the USA prior to your birth.Tis makes one a natural-born citizen and bound to the USA.
    You cannot be president, Sarah. Sorry.
    This is the law set by our constitution in article 2.
    It’s simple, and its a travesty that Obama is usurping the seat.

    • sarahbaram permalink
      December 27, 2009 2:05 am

      Still, not agreeing with the bowing nonsense. They are both leaders, I am sure they understand proper manners over borders. But… You have shattered my dreams of being President. This writing thing better work out now.

  4. December 27, 2009 12:22 pm

    Sorry Sarah…Americans only bow before God.
    One can easily show respect without bowing before them. That only shows submission.

    America works when the Law is followed.

  5. December 27, 2009 10:35 pm

    Fishleg,

    Save your breath sarahscarem is a moron…

    • sarahbaram permalink
      December 28, 2009 3:44 am

      Sarah Scarem? That’s clever. Sorry I have a high regard for respect even beyond American borders.

    • December 31, 2009 3:12 am

      Hey JC!

      It’s been a while! Hope all is well with you!

      For the record: I LOVE free speech. 😉 😉

      • December 31, 2009 12:27 pm

        Yeah, JC…I saw how Obambi treated you..and then, after a full year, called you DUDE. WTF??
        They have done such to me several times.
        Speak your mind here…your comments are precious at hahayouredead.

  6. December 28, 2009 10:08 pm

    Hahaha! Hi JC!

    Sarah, there are thousands of ways to show respect without bowing to someone.
    You know obummer is wrong.
    His bowing is not without design.

    • January 1, 2010 12:45 am

      He could have always given her an iPod with all of his speeches on it —

      Oh, wait.

  7. Cuss permalink
    January 1, 2010 12:25 am

    I think everyone is just covering their asses now. Everybody knows something is gonna happen and they dont want to be accused of instigating it.

    • January 1, 2010 12:44 am

      If everyone knows, I for one am not scared of saying it. Shit’s getting crazy and it’s getting worse by the day. People are mad. People are scared.

      *shakes head*

      We’re witnessing some seriously fucked up times.

  8. January 1, 2010 12:26 pm

    Ohhhh….something’s gonna burst..it is natural and only a matter of time.
    I see God’s mighty hand in all of this, and those on the wrong side of this “American situation” are gonna be some very sorry souls as they try to explain themselves to the Lord.
    That day is coming sooner than anyone thinks, and it will be pitiful to witness.
    Even so, come, Lord Jesus.

  9. Cuss permalink
    January 1, 2010 10:59 pm

    If Americans can’t save themselves from this tyranny no one else on earth will be there for us. We were the last bastion of freedom in the world.

  10. Cuss permalink
    January 2, 2010 2:46 am

    JC, what happened at Obambi? I does seem like everybody is becoming sensitive to all speech. With my sense of humor I’m always getting in trouble with somebody! I say fuck em! I’m old enough and have earned the right to speak my mind!

    • January 2, 2010 3:02 am

      I like the folks at Obambi. Don’t take anything I said wrong. I just can’t stand seeing someone’s opinion (whether it’s one I agree with or not) get censored for what it could “appear to mean”.

      This is America, and for now we still HAVE freedoms and liberties. I respect and embrace them all.

    • January 3, 2010 12:34 am

      Cuss,

      Obambi had a heading called “Head Scar”…it was a photo of BHO/Lucifer and the side of his head showing two very distinct scars…I immediately thought of Revelations where it states that the AC will survive a head wound (I am not implying that BHO/Lucifer is the AC of Revelations)…I am saying that is what popped into my mind…so I wrote the following:

      “Survived a head wound? Just saying ya’ll…just saying”

      At no time did I level a threat to BHO/Lucifer…I was simply stating what had to have crossed someone elses mind when presented with such a photo…anyway they removed it twice…when I inquired as to why they stated that I “wishing/inciting” harm to BHO/Lucifer; that is was irked me so…to have those sort of words put into my mouth was uncalled for. At no time have I ever wished/incited harm to BHO/Lucifer anywhere…as a matter of fact that is the last thing I want to happen, and I have stated so on obambi many times…because should such a thing happen…the hell that would be unleashed will be equal to the destruction that BHO/Lucifer is trying to set upon the USA at this very moment…I want no harm to him…because the people of the USA are going to need each other (black, brown, or white) to fight aganist what BHO/Lucifer is doing to this country.

      Anyway…obambi then posted something about wishing death/harm to the children of liberals (having to do with taking the H1N1 shot)…when I pointed out that they were wishing harm to innocent children, who cannot help who or what their parents are…I must have hit a nerve when I pointed out the hypocrisy of it all…They got mad and banned me for a week to cool off. But what they fail to realize is that if they continue to do much of that “putting words” into the mouth of the folks who post there it will only hurt them not help them. I was not irritated about the remark being removed…I told them that…I was highly offended by them trying to make it sound as if the removed remark was threatening in nature…that is not true. And for that I cannot in good faith post there any longer. I am many things but a patsy for someone elses hang ups is not one of them.

      Quite silly I know…but I am not willing to let someone put words into my mouth. They owe me an apology for implying that I wished harm to BHO/Lucifer when I did not. They were the ones who made it sound sinister…not me.

      • January 3, 2010 1:12 am

        DB,

        Thanks for the email. I appreciate it. I know what you mean, the folks at Obambi must be feeling some sort of heat…I wish them the best.

      • January 3, 2010 1:45 am

        What could be implied by “survived a head wound?”?

        That.. perhaps he suffered some sort of injury to the head at some point in his life… and survived?

        I survived two major car accidents. My mom survived through a cancer scare. My dad survived a head wound. My dad survived a SEVERE motorcycle accident. My grandmother survived a car wreck that left her to live the rest of her life after the accident as a paraplegic. People survive wounds. It happens.

        I missed the whole thread, but Fishleg filled me in. I found it.. I mean.. with the title of “Head Scar” – it’s pretty hard to miss.

        I don’t know what’s with the Obambi folk. I like ’em a lot and sure respect the work they’re doing, but sometimes I wonder if they got scared of threats or something. You know how the Obots troll anti-Obama/republican/conservative blogs and sites… but fuck them. This is America and I’ll be damned if I censor anyone. I have not ever – to this very day – deleted a comment from my site. If someone took the time to visit my site, read what I’ve posted, and type out a comment; they’re entitled to sharing their opinion.

        Did the Libtards back down on their threats to Bush? Never. They’re STILL hung up on Bush. Then again; their Messiah is looking for every opportunity to bring Bush back into the game, so what can you expect from a bunch of mindless sheeple.

        I did not know they banned you for a week. That really blows. You didn’t deserve to learn a lesson for speaking the truth. The truth is; the H1N1 shot has, in fact, killed people. Yes, children. What is the majority “voting party” of those who are deathly afraid of the Swine Flu? Liberals. They fell victim of their OWN scare tactics – and some paid the ultimate price. The loss of a child due to the fact that they gave consent FOR the child to receive the shot. Sorry, facts are facts.

        They’ve had a strong group of commenters and supporters from the beginning. You are one of them. By now they should at LEAST know not to put words in your mouth, what kind of person you are, and that you’re not out there wishing death and harm on anyone.

        9_9 It’s like high school dramaz on teh interwebz.

  11. Cuss permalink
    January 2, 2010 3:43 am

    I’ve been married for over 20 yrs. I’m used to being told to shut up! LOL!!

    • January 2, 2010 4:27 am

      lol. My mom is the queen of “SHUT UP”. My ‘rents have been married for 26 years. I’ve been around… 25 of those years. I’ve seen it all.

  12. Cuss permalink
    January 2, 2010 3:42 pm

    You’re just a youngster. Glad to see you have level headed parents. Makes me feel better about our future with great Americans like you!!

    • January 2, 2010 3:48 pm

      Take that, liberal education. They tried and tried, but I resisted!

      lol. Hell, even in College they’ve said in textbooks that Rush Limbaugh is a two-faced druggie, that John Kerry is a persuasive and charismatic speaker, my “teacher” tried to convince me that middle-class white affluent teenagers don’t commit crimes and join gangs – and only minority groups do; that’s why the government doesn’t step in.

      HELLO, COLUMBINE? White, middle-class, affluent teenagers? Committing crimes? Also, since when is it the government’s responsibility to raise ANYONE’S child… regardless of race/class/whatever?! It’s the child’s PARENTS’ responsibility; whether the parents like it or not.

      Oh boy, I had some fun with that assignment. You know, I don’t think she ever even graded it. o_o

    • January 2, 2010 3:49 pm

      For the record; my mom voted for Algore and my dad is an “oldschool democrat”.

      O_O What happened to ME? Whatever it was, I’m glad it happened.

  13. Cuss permalink
    January 2, 2010 3:55 pm

    There’s nothing wrong with being an old school dem. But I’m gonna half to have a looonnngggg talk with your mom! LOL!!

    • January 2, 2010 4:44 pm

      Sometimes I see a little glimmer of hope in my Dad. Part of me thinks he’s a conservative; or at least fiscally responsible.

      My mom? Well, let’s just say politics isn’t her thing. 😐

  14. Cuss permalink
    January 2, 2010 5:15 pm

    There’s nothing wrong with being a democrat, it’s the socialist, radical movement that has taken the party over. Worst than moderates and rino’s trying to take over our party. We both need to take our parties back. When that happens, America will start to heal.

    • January 2, 2010 5:29 pm

      You’re absolutely right. I certainly don’t expect everyone in America to have the same political beliefs that I have; and that’s the beauty of America (Well, one of many). Every single one of us is given rights that cannot be taken away.

      Until you introduce socialists, communists, and radical extremists who want nothing more than power…

      I have a good feeling about 2010. I really do.

  15. Cuss permalink
    January 3, 2010 5:06 am

    JC, I guess nobody wants to be accused of anything that might happen to the little hybrid usurper. You know the shits getting thick. I say it’s not if but when.
    Just hang in there JC, we’ll all stick together. Dude??? LOL!!

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