Perkins v Elg (1939) Versus Obama Eligibility

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Perkins v Elg (1939) versus Obama Eligibility by Gerry Nance Perkins v Elg (1939) is often cited in the debate over the constitutional eligibility of Barack Hussein Obama II. Depending on the source, there is a question of whether Marie Elg's mother was naturalized a US Citizen, as was her father. Some sources only claim her father was naturalized. The mystery has been solved, by examining the history of US naturalization laws dating back to 1855 to 1922. Perkins v Elg (1939) - Elg's mother's derivative naturalization: Miss [Marie] Elg was born in Brooklyn, New York, on October 2, 1907. Her parents, who were natives of Sweden, emigrated to the United States sometime prior to 1906 and her father was naturalized here in that year. In 1911, her mother took her to Sweden where she continued to reside until September 7, 1929. Her father went to Sweden in 1922 and has not since returned to the United States. In November, 1934, he made a statement before an American consul in Sweden that he had voluntarily expatriated himself for the reason that he did not desire to retain the status of an American citizen and wished to preserve his allegiance to Sweden. The U.S. Supreme Court concluded that Marie Elizabeth Elg, who was born in the United States of Swedish parents naturalized in the United States, had not lost her birthright U.S. citizenship because of her removal during minority to Sweden and was entitled to all the rights and privileges of that U.S. citizenship. In this case, the U.S. Supreme Court affirmed the decree that declared Elg "to be a natural born citizen of the United States." http://caselaw.lp.findlaw.com/scripts/getcase.pl? court=US&vol=307&invol=325 http://www.law.cornell.edu/anncon/html/art1toc_user.html The Naturalization Act of 1802 http://www.michiganancestry.com/files/Naturalization_Act.pdf KELLY V. OWEN, 74 U. S. 496 (1868) http://supreme.justia.com/us/74/496/case.html Matter of Andres GUZMAN-GOMEZ, Respondent http://www.justice.gov/eoir/vll/intdec/vol24/3642.pdf

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Perkins v Elg (1939) is often cited in the debate over the constitutional eligibility of Barack Hussein Obama II. Depending on the source, there is a question of whether Marie Elg's mother was naturalized a US Citizen, as was her father. Some sources only claim her father was naturalized. The mystery has been solved, by examining the history of US naturalization laws dating back to 1855 to 1922.

Transcript of Perkins v Elg (1939) Versus Obama Eligibility

Page 1: Perkins v Elg (1939) Versus Obama Eligibility

Perkins v Elg (1939) versus Obama Eligibilityby Gerry Nance

Perkins v Elg (1939) is often cited in the debate over the constitutional eligibility of Barack Hussein Obama II. Depending on the source, there is a question of whether Marie Elg's mother was naturalized a US Citizen, as was her father. Some sources only claim her father was naturalized. The mystery has been solved, by examining the history of US naturalization laws dating back to 1855 to 1922.

Perkins v Elg (1939) - Elg's mother's derivative naturalization:

Miss [Marie] Elg was born in Brooklyn, New York, on October 2, 1907. Her parents, who were natives of Sweden, emigrated to the United States sometime prior to 1906 and her father was naturalized here in that year. In 1911, her mother took her to Sweden where she continued to reside until September 7, 1929. Her father went to Sweden in 1922 and has not since returned to the United States. In November, 1934, he made a statement before an American consul in Sweden that he had voluntarily expatriated himself for the reason that he did not desire to retain the status of an American citizen and wished to preserve his allegiance to Sweden.

The U.S. Supreme Court concluded that Marie Elizabeth Elg, who was born in the United States of Swedish parents naturalized in the United States, had not lost her birthright U.S. citizenship because of her removal during minority to Sweden and was entitled to all the rights and privileges of that U.S. citizenship. In this case, the U.S. Supreme Court affirmed the decree that declared Elg "to be a natural born citizen of the United States."http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=307&invol=325

http://www.law.cornell.edu/anncon/html/art1toc_user.html

The Naturalization Act of 1802http://www.michiganancestry.com/files/Naturalization_Act.pdf

KELLY V. OWEN, 74 U. S. 496 (1868)http://supreme.justia.com/us/74/496/case.html

Matter of Andres GUZMAN-GOMEZ, Respondenthttp://www.justice.gov/eoir/vll/intdec/vol24/3642.pdfpage 828 footnote 4:"See Nationality Act of 1940, ch. 876, § 102(h), 54 Stat. 1137, 1138; Immigration Act of 1924, ch. 190, § 28(m), 43 Stat. 153, 169. Between 1855 and 1922, the general rule was that an alien woman who was herself eligible for naturalization acquired United States citizenship automatically upon her marriage to a United States citizen. See Act of February 10, 1855, ch. 71, § 2, 10 Stat. 604; see also Kelly v. Owen, 74 U.S. 496, 498 & n.2 (1868)"

Miss Elg was born in the USA, a "second-generation" US citizen, to two US Citizen parents and the US Supreme court declared her to be a US Natural Born Citizen.

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