Birthright Citizens

Birthright Citizens
Author: Martha S. Jones
Publisher: Cambridge University Press
Total Pages: 269
Release: 2018-06-28
Genre: History
ISBN: 1107150345

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

Anchor Babies and the Challenge of Birthright Citizenship

Anchor Babies and the Challenge of Birthright Citizenship
Author: Leo R. Chavez
Publisher: Stanford University Press
Total Pages: 112
Release: 2017-10-10
Genre: Political Science
ISBN: 1503605264

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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.

The Birthright Lottery

The Birthright Lottery
Author: Ayelet Shachar
Publisher: Harvard University Press
Total Pages: 294
Release: 2009-04-30
Genre: Law
ISBN: 9780674032712

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The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing membership status in a given state bequeaths to some a world filled with opportunity and condemns others to a life with little hope. Gaining privileges by such arbitrary criteria as one’s birthplace is discredited in virtually all fields of public life, yet birthright entitlements still dominate our laws when it comes to allotting membership in a state. 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. She deploys this fresh perspective to establish that nations need to expand their membership boundaries beyond outdated notions of blood-and-soil in sculpting the body politic. Located at the intersection of law, economics, and political philosophy, The Birthright Lottery further advocates redistributional obligations on those benefiting from the inheritance of membership, with the aim of ameliorating its most glaring opportunity inequalities.

Citizenship Without Consent

Citizenship Without Consent
Author: Peter H. Schuck
Publisher:
Total Pages: 173
Release: 1985
Genre: Citizenship
ISBN: 9780300035209

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Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents

Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
Author: Margaret Mikyung Lee
Publisher: DIANE Publishing
Total Pages: 21
Release: 2011
Genre: Social Science
ISBN: 1437939198

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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.

Birthright Citizenship in the United States

Birthright Citizenship in the United States
Author: Garrett Manning
Publisher:
Total Pages: 0
Release: 2016-05
Genre: Children of foreign workers
ISBN: 9781634852586

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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.

How Race Is Made in America

How Race Is Made in America
Author: Natalia Molina
Publisher: Univ of California Press
Total Pages: 232
Release: 2014
Genre: History
ISBN: 0520280075

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How Race Is Made in America examines Mexican AmericansÑfrom 1924, when American law drastically reduced immigration into the United States, to 1965, when many quotas were abolishedÑto 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 waysÑthat 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.

The Latino Threat

The Latino Threat
Author: Leo Chavez
Publisher: Stanford University Press
Total Pages: 312
Release: 2013-04-17
Genre: Social Science
ISBN: 0804786186

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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.

The Constitution Today

The Constitution Today
Author: Akhil Reed Amar
Publisher: Basic Books
Total Pages: 466
Release: 2016-09-13
Genre: Law
ISBN: 0465096344

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A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance America's Constitution, Chief Justice John Marshall famously observed in McCulloch v. Maryland, aspires "to endure for ages to come." The daily news has a shorter shelf life, and when the issues of the day involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, he makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-protection, and against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a "nuclear option" to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts -- the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act -- to show what politicians, judges, and journalists got right as events unfolded and what they missed. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.