Birthright Citizens

A History of Race and Rights in Antebellum America

Author: Martha S. Jones

Publisher: Cambridge University Press

ISBN: 110866539X

Category: History

Page: N.A

View: 8068

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.
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Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents

Author: Margaret Mikyung Lee

Publisher: DIANE Publishing

ISBN: 1437939198

Category:

Page: 18

View: 9804

This is a print on demand edition of a hard to find publication. Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the 14th Amendment of the U.S. Constitution and in the Immigration and Nationality Act (INA), that a person who is born in the U.S., is a citizen of the U.S. regardless of the race, ethnicity, or alienage of the parents. Some congressional Members have supported a revision of the Citizenship Clause or at least holding hearings for a serious consideration of it. Contents of this report: (1) Intro.; (2) Historical Development: Jus Soli Doctrine Before the 14th Amend.; The 14th Amend. and the Civil Rights Act of 1866; U.S. v. Wong Kim Ark and Elk v. Wilkins; (3) Legislative Proposals.
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Birthright Citizenship in the United States

Analyses and Perspectives

Author: Garrett Manning

Publisher: N.A

ISBN: 9781634852586

Category:

Page: 96

View: 1997

The first clause of the Fourteenth Amendment to the U.S. Constitution, known as the Citizenship Clause, provides that [a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This generally has been taken to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the persons parents, with limited exceptions such as children born to recognized foreign diplomats. The current rule is often called birthright citizenship. However, driven in part by concerns about unauthorized immigration, some have questioned this understanding of the Citizenship Clause, and in particular the meaning of subject to the jurisdiction [of the United States]. This book traces the history of birthright citizenship under U.S. law and discusses some of the legislation in recent Congresses intended to alter it.
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The Oxford Handbook of Citizenship

Author: Ayelet Shachar,Rainer Bauböck

Publisher: Oxford University Press

ISBN: 0198805853

Category: History

Page: 816

View: 6357

Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.
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The Contested Politics of Mobility

Borderzones and Irregularity

Author: Vicki Squire

Publisher: Routledge

ISBN: 1136887334

Category: Political Science

Page: 256

View: 4245

The Contested Politics of Mobility is the first collection to explore how the politics of mobility turns on the condition of irregularity. Timely and incisive, it brings together leading scholars from across the sub-disciplines of citizenship, migration and security studies, who show irregularity to be a produced and highly contested socio-political condition.
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Nationality, Citizenship and Ethno-Cultural Belonging

Preferential Membership Policies in Europe

Author: C. Dumbrava

Publisher: Springer

ISBN: 1137382082

Category: Political Science

Page: 196

View: 4075

This book challenges mainstream arguments about the de-ethnicization of citizenship in Europe, offering a critical discussion of normative justifications for ethno-cultural citizenship and an original elaboration of principles of membership suitable for contemporary liberal democratic states.
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Anchor Babies and the Challenge of Birthright Citizenship

Author: Leo R. Chavez

Publisher: Stanford University Press

ISBN: 1503605264

Category: Political Science

Page: 120

View: 1082

Birthright citizenship has a deep and contentious history in the United States, one often hard to square in a country that prides itself on being "a nation of immigrants." Even as the question of citizenship for children of immigrants was seemingly settled by the Fourteenth Amendment, vitriolic debate has continued for well over a century, especially in relation to U.S. race relations. Most recently, a provocative and decidedly more offensive term than birthright citizenship has emerged: "anchor babies." With this book, Leo R. Chavez explores the question of birthright citizenship, and of citizenship in the United States writ broadly, as he counters the often hyperbolic claims surrounding these so-called anchor babies. Chavez considers how the term is used as a political dog whistle, how changes in the legal definition of citizenship have affected the children of immigrants over time, and, ultimately, how U.S.-born citizens still experience trauma if they live in families with undocumented immigrants. By examining this pejorative term in its political, historical, and social contexts, Chavez calls upon us to exorcise it from public discourse and work toward building a more inclusive nation.
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The Founders on Citizenship and Immigration

Principles and Challenges in America

Author: Edward J. Erler,Thomas G. West,John A. Marini

Publisher: Rowman & Littlefield

ISBN: 9780742558557

Category: History

Page: 171

View: 9303

Working with the underlying premise that America's founding principles continue to be vital in the modern era, Erler, Marini, and West take a conservative look at immigration, one of today's most pressing political issues. Character the capacity to live a life befitting republican citizens is, as the Founders knew, crucial to the debate about immigration. The Founders on Citizenship and Immigration seeks to revive the issue of republican character in the current immigration debate and to elucidate the constitutional foundations of American citizenship. Published in cooperation with the Claremont Institute."
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Dual citizenship, birthright citizenship, and the meaning of sovereignty

hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, September 29, 2005

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Claims

Publisher: Not Avail

ISBN: N.A

Category: Law

Page: 107

View: 1569

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The Ethics of Immigration

Author: Joseph Carens

Publisher: Oxford University Press

ISBN: 0199933839

Category: Philosophy

Page: 364

View: 5301

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.
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Queering the Biopolitics of Citizenship in the Age of Obama

Author: J. Rohrer

Publisher: Springer

ISBN: 1137488204

Category: Political Science

Page: 85

View: 8856

The book from the interdisciplinary fields of queer theory, critical race theory, feminist political theory, disability studies, and indigenous studies to demonstrate that analyzing contemporary notions of citizenship requires understanding the machinations of governmentality and biopolitics in the (re)production of the proper citizen.
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American birthright on trial

why Filipinos are still citizens or nationals of the United States of America

Author: Elly Velez Pamatong

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 309

View: 3481

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The Birthright Lottery

Author: Ayelet Shachar

Publisher: Harvard University Press

ISBN: 9780674032712

Category: Law

Page: 273

View: 7745

The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs.
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Opening the Floodgates

Why America Needs to Rethink its Borders and Immigration Laws

Author: Kevin R. Johnson

Publisher: NYU Press

ISBN: 0814743005

Category: Law

Page: 289

View: 2668

Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.
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White by Law

The Legal Construction of Race

Author: Ian Haney Lopez

Publisher: NYU Press

ISBN: 9780814736982

Category: Law

Page: 263

View: 8181

Ian Haney Lopez is a professor of law at the University of California, Berkeley.
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Laws Harsh As Tigers

Chinese Immigrants and the Shaping of Modern Immigration Law

Author: Lucy E. Salyer

Publisher: Univ of North Carolina Press

ISBN: 9780807864319

Category: Law

Page: 360

View: 8031

Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.
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States Without Nations

Citizenship for Mortals

Author: Jacqueline Stevens

Publisher: Columbia University Press

ISBN: 0231148771

Category: Philosophy

Page: 364

View: 4254

As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them.
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50 Jahre türkische Arbeitsmigration in Deutschland

Author: Şeyda Ozil,Michael Hofmann,Yasemin Dayioglu-Yucel

Publisher: V&R unipress GmbH

ISBN: 3899719336

Category: Architecture

Page: 250

View: 7037

Fifty years of Turkish work migration in Germany - that is the subject of this volume. Scientists and scholars from Turkey, Germany, England and the US discuss the influence of these 50 years from their different disciplinary perspectives. In addition to general remarks on the co-existence between people of German and Turkish origin and on migration literature, the volume comprises contributions on Turkish-German re-migrants and transmigrants, on the role of nationality, on economic and historic diplomatic agreements, the transmigrant theatre scene, Turkish-German films, on the current notion of "home" in music and the development of a German-Turkish dialect.
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Citizenship and Immigration

Author: Christian Joppke

Publisher: John Wiley & Sons

ISBN: 0745658393

Category: Political Science

Page: 224

View: 5588

This incisive book provides a succinct overview of the new academic field of citizenship and immigration, as well as presenting a fresh and original argument about changing citizenship in our contemporary human rights era. Instead of being nationally resilient or in “postnational” decline, citizenship in Western states has continued to evolve, converging on a liberal model of inclusive citizenship with diminished rights implications and increasingly universalistic identities. This convergence is demonstrated through a sustained comparison of developments in North America, Western Europe and Australia. Topics covered in the book include: recent trends in nationality laws; what ethnic diversity does to the welfare state; the decline of multiculturalism accompanied by the continuing rise of antidiscrimination policies; and the new state campaigns to “upgrade” citizenship in the post-2001 period. Sophisticated and informative, and written in a lively and accessible style, this book will appeal to upper-level students and scholars in sociology, political science, and immigration and citizenship studies.
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