American by birth : Wong Kim Ark and the battle for citizenship

著者

    • Nackenoff, Carol
    • Novkov, Julie

書誌事項

American by birth : Wong Kim Ark and the battle for citizenship

Carol Nackenoff and Julie Novkov

University Press of Kansas, c2021

  • : cloth

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注記

Includes bibliographical references (p. [243]-263) and index

Summary: "In his infamous opinion in Dred Scott v. Sandford (1857) Chief Justice Taney had denied that any American descended from Africans, whether free or slave, could claim citizenship. The Fourteenth Amendment's citizenship clause repudiated this principle. The Fourteenth Amendment's connection to birthright citizenship, however, is not built exclusively through the lives and fortunes of black citizens. It requires an understanding of the Chinese experience of migration to the United States, and Wong Kim Ark v. United States (1898) lies at the center of this story. Wong Kim Ark, a man in his mid-twenties who had been born in San Francisco to Chinese parents, was refused entry into the United States upon returning from a visit to China. By 1898, the strict policy forbidding most Chinese from entering the United States was well established, and Wong Kim Ark did not claim to fall into one of the narrow exceptional categories like "merchant," "diplomat," or "student." Rather, he claimed that his birth in San

収録内容

  • The foundations of American citizenship
  • Chinese immigration and the legal shift toward exclusion
  • The legal battle over exclusion
  • Who was Wong Kim Ark?
  • Wong Kim Ark v. United States
  • Citizenship and immigration : the next battles
  • Revisiting Jus Soli : contemporary developments (coauthored with Marit Vike)

内容説明・目次

内容説明

American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who had been born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required re-entry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory. This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Court's ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.

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