You can construct a sense of national identity when

This preview shows 4 out of 6 pages.

i.You can construct a sense of national identity when you become a citizen ii.If you can’t compare 2 societies, how do you compare /create your society? iii.Jus Sanguis 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 b. Can you hold multiple jurisdictions at the same time? YES! (Linda Bosniak mentioned a4
Image of page 4

Subscribe to view the full document.

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?
Image of page 5
Image of page 6
You've reached the end of this preview.
  • Fall '12
  • Koulish
  • Immigration to the United States, United States Congress, United States nationality law, History of immigration to the United States, United States federal immigration and nationality legislation

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern