Birthright Citizens

A History of Race and Rights in Antebellum America

Author: Martha S. Jones

Publisher: Cambridge University Press

ISBN: 1107150345

Category: History

Page: 248

View: 690

Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.
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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: 2351

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 Citizens

A History of Race and Rights in Antebellum America

Author: Martha S. Jones

Publisher: Cambridge University Press

ISBN: 9781316604724

Category: History

Page: 248

View: 8300

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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Citizenship in Question

Evidentiary Birthright and Statelessness

Author: Benjamin N. Lawrance,Jacqueline Stevens

Publisher: Duke University Press

ISBN: 0822373483

Category: Law

Page: 304

View: 2493

Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock
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The Birthright Lottery

Author: Ayelet Shachar

Publisher: Harvard University Press

ISBN: 9780674032712

Category: Law

Page: 273

View: 7085

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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The Latino Threat

Constructing Immigrants, Citizens, and the Nation, Second Edition

Author: Leo Chavez

Publisher: Stanford University Press

ISBN: 0804786186

Category: Social Science

Page: 312

View: 1827

News media and pundits too frequently perpetuate the notion that Latinos, particularly Mexicans, are an invading force bent on reconquering land once their own and destroying the American way of life. In this book, Leo R. Chavez contests this assumption's basic tenets, offering facts to counter the many fictions about the "Latino threat." With new discussion about anchor babies, the DREAM Act, and recent anti-immigrant legislation in Arizona and other states, this expanded second edition critically investigates the stories about recent immigrants to show how prejudices are used to malign an entire population—and to define what it means to be American.
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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: 4511

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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States Without Nations

Citizenship for Mortals

Author: Jacqueline Stevens

Publisher: Columbia University Press

ISBN: 0231148771

Category: Philosophy

Page: 364

View: 5738

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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The Ethics of Immigration

Author: Joseph Carens

Publisher: Oxford University Press

ISBN: 0199986967

Category: Political Science

Page: 384

View: 7535

In The Ethics of Immigration, Joseph Carens synthesizes a lifetime of work to explore and illuminate one of the most pressing issues of our time. Immigration poses practical problems for western democracies and also challenges the ways in which people in democracies think about citizenship and belonging, about rights and responsibilities, and about freedom and equality. Carens begins by focusing on current immigration controversies in North America and Europe about access to citizenship, the integration of immigrants, temporary workers, irregular migrants and the admission of family members and refugees. Working within the moral framework provided by liberal democratic values, he argues that some of the practices of democratic states in these areas are morally defensible, while others need to be reformed. In the last part of the book he moves beyond the currently feasible to ask questions about immigration from a more fundamental perspective. He argues that democratic values of freedom and equality ultimately entail a commitment to open borders. Only in a world of open borders, he contends, will we live up to our most basic principles. Many will not agree with some of Carens' claims, especially his controversial conclusion, but none will be able to dismiss his views lightly. Powerfully argued by one of the world's leading political philosophers on the issue, The Ethics of Immigration is a landmark work on one of the most important global social trends of our era.
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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: 3746

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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The Development of American Citizenship, 1608-1870

Author: James H. Kettner

Publisher: UNC Press Books

ISBN: 0807839760

Category: History

Page: 402

View: 5597

he concept of citizenship that achieved full legal form and force in mid-nineteenth-century America had English roots in the sense that it was the product of a theoretical and legal development that extended over three hundred years. This prize-winning volume describes and explains the process by which the cirumstances of life in the New World transformed the quasi-medieval ideas of seventeenth-century English jurists about subjectship, community, sovereignty, and allegiance into a wholly new doctrine of "volitional allegiance." The central British idea was that subjectship involved a personal relationship with the king, a relationship based upon the laws of nature and hence perpetual and immutable. The conceptual analogue of the subject-king relationship was the natural bond between parent and child. Across the Atlantic divergent ideas were taking hold. Colonial societies adopted naturalization policies that were suited to practical needs, regardless of doctrinal consistency. Americans continued to value their status as subjects and to affirm their allegiance to the king, but they also moved toward a new understanding of the ties that bind individuals to the community. English judges of the seventeenth and eighteenth centuries assumed that the essential purpose of naturalization was to make the alien legally the same as a native, that is, to make his allegiance natural, personal, and perpetual. In the colonies this reasoning was being reversed. Americans took the model of naturalization as their starting point for defining all political allegiance as the result of a legal contract resting on consent. This as yet barely articulated difference between the American and English definition of citizenship was formulated with precision in the course of the American Revolution. Amidst the conflict and confusion of that time Americans sought to define principles of membership that adequately encompassed their ideals of individual liberty and community security. The idea that all obligation rested on individual volition and consent shaped their response to the claims of Parliament and king, legitimized their withdrawal from the British empire, controlled their reaction to the loyalists, and underwrote their creation of independent governments. This new concept of citizenship left many questions unanswered, however. The newly emergent principles clashed with deep-seated prejudices, including the traditional exclusion of Indians and Negroes from membership in the sovereign community. It was only the triumph of the Union in the Civil War that allowed Congress to affirm the quality of native and naturalized citizens, to state unequivocally the primacy of the national over state citizenship, to write black citizenship into the Constitution, and to recognize the volitional character of, the status of citizen by formally adopting the principle of expatriation.-->
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How Race Is Made in America

Immigration, Citizenship, and the Historical Power of Racial Scripts

Author: Natalia Molina

Publisher: Univ of California Press

ISBN: 0520280075

Category: History

Page: 207

View: 5117

How Race Is Made in America examines Mexican Americans—from 1924, when American law drastically reduced immigration into the United States, to 1965, when many quotas were abolished—to understand how broad themes of race and citizenship are constructed. These years shaped the emergence of what Natalia Molina describes as an immigration regime, which defined the racial categories that continue to influence perceptions in the United States about Mexican Americans, race, and ethnicity. Molina demonstrates that despite the multiplicity of influences that help shape our concept of race, common themes prevail. Examining legal, political, social, and cultural sources related to immigration, she advances the theory that our understanding of race is socially constructed in relational ways—that is, in correspondence to other groups. Molina introduces and explains her central theory, racial scripts, which highlights the ways in which the lives of racialized groups are linked across time and space and thereby affect one another. How Race Is Made in America also shows that these racial scripts are easily adopted and adapted to apply to different racial groups.
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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: 3219

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Migrations and Mobilities

Citizenship, Borders, and Gender

Author: Seyla Benhabib,Judith Resnik

Publisher: NYU Press

ISBN: 9780814729434

Category: Law

Page: 520

View: 7786

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Fragile Families

Foster Care, Immigration, and Citizenship

Author: Naomi Glenn-Levin Rodriguez

Publisher: University of Pennsylvania Press

ISBN: 0812249380

Category: Political Science

Page: 232

View: 3728

Fragile Families examines the precarious position of Latina/o families who are simultaneously caught up in systems of child welfare and immigration enforcement, focusing on the central role of child welfare decision-making in producing and maintaining boundaries of citizenship, race, and national belonging in the United States.
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Civic Ideals

Conflicting Visions of Citizenship in U.S. History

Author: Rogers M. Smith

Publisher: Yale University Press

ISBN: 9780300078770

Category: Law

Page: 719

View: 2648

This work traces political struggles over U.S. citizenship laws from the colonial period through to the Progressive era. It shows how and why throughout this time most adults were denied access to full citizenship, including political rights, solely because of their race, ethnicity or gender.
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All Bound Up Together

The Woman Question in African American Public Culture, 1830-1900: Easyread Large Edition

Author: Martha S. Jones

Publisher: ReadHowYouWant.com

ISBN: 1442991739

Category: History

Page: 704

View: 9015

The place of women's rights in African American public culture has been an enduring question, one that has long engaged activists, commentators, and scholars. All Bound Up Together explores the roles black women played in their communities' social movements and the consequences of elevating women into positions of visibility and leadership. Martha Jones reveals how, through the nineteenth century, the ''woman question'' was at the core of movements against slavery and for civil rights. Unlike white women activists, who often created their own institutions separate from men, black women, Jones explains, often organized within already existing institutions - churches, political organizations, mutual aid societies, and schools. Covering three generations of black women activists, Jones demonstrates that their approach was not unanimous or monolithic but changed over time and took a variety of forms, from a woman's right to control her body to her right to vote. Through a far-ranging look at politics, church, and social life, Jones demonstrates how women have helped shape the course of black public culture. The John Hope Franklin Series in African American History and Culture
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