GVPT479I III - GVPT479I WAYS TO CITIZENSHIP 1 Citizenship...

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GVPT479I ------ WAYS TO CITIZENSHIP 1. Citizenship based on who your parents are 2. Right of blood - a form of birthright citizenship based on parental residency relationship to the US...Question: What is the logic here? 3. **NOT THE DOMINATING FORM OF CITIZENSHIP** 4. Applies to children born abroad to citizen parents a. Citizen because parents are citizens INA (301(1 d e) b. Children born outside of the US to parents where either one or both are US citizens i.If both parents are citizens, one has resided in the US then the child is a citizen c. 5 year rule; if one parent is a non citizen, citizen must have been physically present in the US (or its physical possessions) for 5 years before birth (and 2 years post 14 yrs) - govt and military services count iv.Jus Soli 1. **MOST DOMINATING FORM IN US** 2. A clean slate principle (no looking back), every new child born here is American 3. Common law tradition to colonies and relied upon through and after ratification of US constitution 4. Right of land … a principle for acquisition of nationality at birth a. The right of land/ground...citizenship based on where born v.Common Law Conception 1. Jus Soli 2. Definition of nationality; birth within allegiance with kingdom, all subjects under the kings protection vi.Citizenship and the constitution 1. Vague concept (not included in it) 2. Constitution - no definition of citizenship (until the 14th amendment) 3. Relied on common law (jus soli) 4. Qualification for Presidency and Congress 5. Congress given the authority to adopt a “uniform rule of naturalization” (art 1 sec 8) 6. 1790; Congress provided 4 naturalization of aliens, extended citizenship to children born to US fathers vii.Dred Scott vs Sanford (1857) 1. No person of African descent, slave or free, could ever be a citizen of the US viii.14th amendment (1868) 1. “All persons born or naturalized in the US and subject to the jurisdiction thereof are citizens of the US, and of the state wherein they reside” a. “Subject to jurisdiction thereof” was designed to exclude indians and native americans .... native americans were a part of separate sovereign entity...owing immediate allegiance to, owing to laws, legal proceedings
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b. Can you hold multiple jurisdictions at the same time? YES! (Linda Bosniak mentioned this - the author - ) federal, state, local jurisdictions... i.California & medical marijuana ii.Jurisdictions we identify with? LOCAL even though we vote at the federal level ix.Elks vs Wilkins (1895) 1. American Indians born within the tribe located in US are not citizens at birth under the 14th amendment because “not subject to jurisdiction thereof” 2. QUESTION: How are we to understand this coming decades after the 14th amendment? 3. Native American lands known as sovereign land? Has jurisdiction over all the people there 4. If you were born here, you had to be a part of the sovereign nation/under jurisdiction of those laws and not US laws 5. Reservations became beholden of the US (Reservations) x.Wong Kim Ark (1898) 1. An important interpretation of the citizenship clause 2.
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