The requirement for citizenship by birth, is CONDITIONED by law.
The law was eased in 1986, but was not made retroactive.
Here's the law:
Quote:
Citizenship by birth (INA § 301, 8 USC § 1401)
If one parent is a US citizen, and the other is not, and the parents are married, then the current law says the child is a US citizen if the American parent was physically present in the US for one or more periods of time totalling at least five years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child's birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent's 14th birthday; thus, for example, a parent who was born and grew up in the US, but who left before reaching age 16 and never returned, doesn't meet the requirement.
Prior to 14 November 1986, the physical presence requirement in this case was ten years (instead of five) -- including five years (instead of two) spent after the parent's 14th birthday. The requirement was reduced in 1986, but the change did not retroactively make US citizenship available to people born previously who did not meet the old requirement. (Congress's intent not to make this change retroactive was affirmed in 1988 with the passage of Public Law 100-525, § 8(d), 102 Stat. 2619).
Since the requirement, with one foreign parent, is the citizen parent have a minimum of ten years (5 years after 1986) residency AFTER age 14, Obama's mama fails the test on both counts, since she was only 18 when he was born.
If Obama is not permitted to take the oath, then niether is John McCain. He was born in Panama. That would leave only Hillary with enough votes to get elected.
