The sovereign citizen : denaturalization and the origins of the American Republic

書誌事項

The sovereign citizen : denaturalization and the origins of the American Republic

Patrick Weil

(Democracy, citizenship, and constitutionalism)

University of Pennsylvania Press, c2013

  • : pbk

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注記

Includes bibliographical references (p. [203]-266) and index

内容説明・目次

内容説明

Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose-at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship. The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization-a process provided for by one clause of the act-became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen-not the state-secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.

目次

Introduction 1 PART I. The Federalization of Naturalization Chapter 1. Denaturalization, the Main Instrument of Federal Power Chapter 2. The Installment of the Bureau of Naturalization, 1909-1926 Chapter 3. The Victory of the Federalization of Naturalization, 1926 1940 PART II. A Conditional Citizenship Chapter 4. The First Political Denaturalization: Emma Goldman Chapter 5. Radicals and Asians Chapter 6. In the Largest Numbers: The Penalty of Living Abroad Chapter 7. The Proactive Denaturalization Program During World War II PART III. War in the Supreme Court Chapter 8.Schneiderman: A Republican Leader Defends a Communist Chapter 9. Baumgartner: The Program Ends, but Denaturalizationn Continues Chapter 10. A Frozen Interlude in the Cold War Chapter 11. Nishikawa, Perez, Trop: "The Most Important Constitutional Pronouncements of This Century" Chapter 12. American Citizenship Is Secured: "May Perez Rest in Peace!" Conclusion Appendix 1. Emma Goldman, "A Woman Without a Country" From Mother Earth (1909) From Free Vistas (1933) Appendix 2. Chiefs of the Naturalization Bureau and Evolution of Departmental Responsibilities Appendix 3. Naturalization Cancellations in the United States, 1907 1973 Appendix 4. Americans Expatriated, by Grounds and Year, 1945 1977 Appendix 5. Supreme Court and Other Important Court Decisions Related to Denaturalization and Nonvoluntary Expatriation from Schneiderman and Participating Supreme Court Justices Notes Archival Sources and Interviews Index Acknowledgments

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