Birthright citizenship in the United States (English Wikipedia)

Analysis of information sources in references of the Wikipedia article "Birthright citizenship in the United States" in English language version.

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Expatriation Act, 14th-amendment.com, quoting Sanger 1869, pp. 223–224. Sanger, George P., ed. (1869), Statutes at Large and Proclamations, of the United States of America. From December 1867 – March 1869, Boston: Little, Brown, and Company.

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Chang, Henry J. "U.S. Citizenship Acquired by Birth Abroad". Chang & Boos' Canada-US Immigration Law Center. Archived from the original on June 21, 2021. Retrieved November 15, 2024.

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Schuck 2006, p. 96 Schuck, Peter H. (2006), Diversity in America: Keeping Government at a Safe Distance, Harvard University Press, ISBN 978-0-674-01854-9.
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Kerber, Linda K. (1998). No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship (1st ed.). New York, New York: Hill & Wang. ISBN 0-8090-7383-8.
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Bouvé, Clement Lincoln (1912). "Of Aliens Unlawfully Residing In The United States". A Treatise on the Laws Governing the Exclusion and Expulsion of Aliens in the United States. Washington, D.C.: J. Byrne & co. p. 425. hdl:2027/uiuo.ark:/13960/t15n1mt6n.
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Office of the Historian (2020). "The Immigration Act of 1924 (The Johnson-Reed Act)". Foreign Service Institute. Washington, D. C.: United States Department of State. Archived from the original on November 16, 2019. Retrieved December 17, 2020.
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Hacker, Meg (Spring 2014). "When Saying "I Do" Meant Giving Up Your U.S. Citizenship" (PDF). Prologue. Washington, D. C.: National Archives and Records Administration: 56–61. ISSN 0033-1031. Retrieved November 22, 2020.

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Daniel González and Dan Nowicki. "Birthright citizenship change would have wide effects." Arizona Republic, March 20, 2011.

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United States Congress (March 26, 1804). "United States Statutes-At-Large, Vol. 2: An Act in addition to an act entitled "An Act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject" – 2 Stat. 292, 8th Congress, Sess. I, Chap. 47, March 26, 1804" (PDF). Asian American Digital History Archive. Washington, D. C.: Library of Congress. Retrieved December 10, 2020.

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Weiner 1998, p. 238. Weiner, Myron (1998), Migration and Refugees: in the United States and Germany, Providence, RI: Berghahn Books, ISBN 978-1-57181-091-5.
Meese 2005, p. 35 Meese, Edwin III; David F. Forte; Matthew Spalding (2005), The Heritage Guide to the Constitution, Regnery Publishing, ISBN 978-1-59698-001-3.
Schuck 2006, p. 96 Schuck, Peter H. (2006), Diversity in America: Keeping Government at a Safe Distance, Harvard University Press, ISBN 978-0-674-01854-9.
The American Law Register. D.B. Canfield & Co. 1864. p. 599.
Isenberg, Nancy (1998). Sex and Citizenship in Antebellum America. Chapel Hill, North Carolina: University of North Carolina Press. p. 45. ISBN 978-0-8078-4746-6.
Jefferson, Thomas (1999). Appleby, Joyce; Ball, Terence (eds.). Jefferson: Political Writings. Cambridge Texts in the History of Political Thought. Cambridge, UK: Cambridge University Press. pp. 219–220. ISBN 978-0-521-64841-7.
Streichler 2005, p. 123 Streichler, Stuart (2005), Justice Curtis in the Civil War Era, University of Virginia Press, ISBN 978-0-8139-2342-0.
Streichler 2005, p. 126 Streichler, Stuart (2005), Justice Curtis in the Civil War Era, University of Virginia Press, ISBN 978-0-8139-2342-0.
Howard, Benjamin C. (1857). A Report of the Decision of the Supreme Court of the United States and the Opinions of the Judges Thereof, in the Case of Dred Scott Versus John F. A. Sandford. December Term, 1856. New York: D. Appleton & Company. pp. 576–582..
Bates, Edward (1862). Opinion of Attorney General Bates on Citizenship. Washington, D.C.: Government Printing Office. pp. 26–27. OCLC 252308921.
Bates, Edward (1862). Opinion of Attorney General Bates on Citizenship. Washington, D.C.: Government Printing Office. p. 12. OCLC 252308921.
United States Congress (1933). American Citizenship Rights of Women: Hearing Before a Subcommittee of the Committee on Immigration, United States Senate, Seventy-second Congress, Second Session, on S. 992, a Bill Relating to the Residence Requirements for Naturalization Purposes of Alien Wives of Members of the Diplomatic and Consular Service of the United States and Wives of Other Employees of the United States Government Stationed Abroad; S. 2760, a Bill Relative to the Admission Under the Immigration Laws of Wives of American Citizens; S. 3968, a Bill to Provide for the Citizenship of a Child Born of an American Mother and an Alien Father; and S. 4169, a Bill Relative to the Citizenship of Minor Children, and for Other Purposes. March 2, 1933. Washington, D. C.: U.S. Government Printing Office. pp. 18–19.
Cott, Nancy F. (2009). "Justice for All? Marriage and Deprivation of Citizenship in the United States". In Sarat, Austin; Kearns, Thomas R. (eds.). Justice and Injustice in Law and Legal Theory. Ann Arbor, Michigan: University of Michigan Press. pp. 77–98. ISBN 978-0-472-02368-4.
Erler 2003, pp. 191–192, Erler, West & Marini 2007, pp. 50–51 Erler, Edward J. (2003), "From Subjects to citizens: The Social Origins of American Citizenship", in Pestritto, Ronald J. (ed.), The American Founding and the Social Compact (illustrated ed.), Lexington Books, ISBN 978-0-7391-0665-5. Erler, Edward J.; West, Thomas G.; Marini, John A (2007), The Founders on Citizenship and Immigration: Principles and Challenges in America, Lanham, MD: Rowman & Littlefield, ISBN 978-0-7425-5855-7.
Thomas 2007, pp. 193–194. Thomas, Brook (2007), Civic Myths: A Law-and-literature Approach to Citizenship (illustrated ed.), UNC Press, ISBN 978-0-8078-3153-3.
Urofsky, Melvin I.; Finkelman, Paul (2002). A March of Liberty: A Constitutional History of the United States. Vol. 1 (2nd ed.). New York, NY: Oxford University Press. ISBN 978-0-19-512635-8.
Erler et al., The Founders on Citizenship and Immigration: Principles and Challenges in America, p. 67.

canlii.org

Citizenship Act PART I: THE RIGHT TO CITIZENSHIP, Federation of Law Societies of Canada, retrieved February 10, 2009

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cite.case.law

"Lynch v. Clarke, 1 Sand. Ch. 583 (1844)". New York Court of Chancery. November 5, 1844 – via Harvard Law School Caselaw Access Project.

casetext.com

Tuaua v. United States, 788 F.3d 300, 301-02 (D.C. Cir. 2015) ("The judgment of the district court is affirmed; the Citizenship Clause does not extend birthright citizenship to those born in American Samoa.").

chapman.edu

Olivares, Mariela (February 2015). "Unreformed: Towards Gender Equality in Immigration Law" (PDF). Chapman Law Review. 18 (2). Orange, California: Chapman University School of Law: 419–450. ISSN 2381-3245. Archived from the original (PDF) on August 14, 2020. Retrieved December 17, 2020.

chron.com

"'Border baby' boom strains S. Texas", Houston Chronicle, September 24, 2006, retrieved August 2, 2008

cic.gc.ca

Citizenship and Immigration Canada True or False? Children born outside of Canada, Department of Citizenship and Immigration Canada, archived from the original on March 2, 2009, retrieved October 26, 2010

cis.org

Jon Feere, "Birthright Citizenship in the United States: A Global Comparison." Center for Immigration Studies.

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edition.cnn.com

Atwood, Kylie; Sands, Geneva; Hansler, Jennifer (January 23, 2020). "US issues new rules restricting travel by pregnant foreigners, fearing the use of 'birth tourism'". CNN.

constitutioncenter.org

Reed Amar, Akhil; Harrison, John C. "The Citizenship Clause". constitution center.org. Retrieved April 14, 2024.
Rosen, Jeffrey, host. "Does the Constitution Require Birthright Citizenship?" We the People, National Constitution Center, November 8, 2018.

cornell.edu

law.cornell.edu

8 U.S.C. § 1101(a)(23) ("The term 'naturalization' means the conferring of nationality of a state upon a person after birth, by any means whatsoever.") (emphasis added).
8 U.S.C. § 1401 ("Nationals and citizens of United States at birth").
See 8 U.S.C. § 1101(a)(36) (defining "State") and 8 U.S.C. § 1101(a)(38) (defining "United States").
8 U.S.C. § 1401
Nguyen v. INS, 533 U.S. 53 (2001) Cornell University Law School.
Text of Inglis v. Trustees of Sailor's Snug Harbor, 28 U.S. 99 (1830) is available from: Cornell Justia OpenJurist
Text of Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873) is available from: Cornell Google Scholar Justia Library of Congress OpenJurist
Text of Elk v. Wilkins, 112 U.S. 94 (1884) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of United States v. Wong Kim Ark, 169 U.S. 649 (1898) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of Plyler v. Doe, 457 U.S. 202 (1982) is available from: Cornell Google Scholar Justia Library of Congress Oyez (oral argument audio)

courthousenews.com

Pampuro, Amanda (June 16, 2021). "American Samoans Are Not Born Into US Citizenship". Courthouse News Service. Retrieved September 13, 2021.

courtlistener.com

Text of Elk v. Wilkins, 112 U.S. 94 (1884) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of United States v. Wong Kim Ark, 169 U.S. 649 (1898) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist

doi.org

Weinrib, Laura (January 2003). "Protecting Sex: Sexual Disincentives and Sex-Based Discrimination in Nguyen v. INS". Columbia Journal of Gender and Law. 12 (1). New York, New York: Columbia University School of Law: 222–273. doi:10.7916/cjgl.v12i1.2449. ISSN 1062-6220. Retrieved March 4, 2021.
Cott, Nancy F. (December 1998). "Marriage and Women's Citizenship in the United States, 1830-1934". The American Historical Review. 103 (5). New York, New York: Oxford University Press for the American Historical Association: 1440–1474. doi:10.2307/2649963. ISSN 0002-8762. JSTOR 2649963. Retrieved December 10, 2020.

emory.edu

Justice, Elaine (October 7, 1996), "Price questions whether birthright citizenship will continue", Emory Report, retrieved January 4, 2007.

factcheck.org

Farley, Robert (November 13, 2015). "Trump Challenges Birthright Citizenship". FactCheck.org. The Annenberg Public Policy Center. Retrieved November 1, 2018.

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Gordon, Ann D. (2005). "The Trial of Susan B. Anthony" (PDF). Federal Judicial Center. Washington, D.C.: Federal Judicial History Office. pp. 15–16. Archived (PDF) from the original on November 21, 2020. Retrieved December 10, 2020.

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Ho, James Chiun-Yue (2006). "Defining "American": Birthright Citizenship and the Original Understanding of the 14th Amendment" (PDF). The Green Bag. 9 (4): 376. ISSN 1095-5216. Archived from the original (PDF) on December 22, 2017. Retrieved March 27, 2012.

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"Public Law 414" (PDF). govinfo.gov. Washington, D. C.: U. S. Congress. June 27, 1952. pp. 163–282. Archived (PDF) from the original on November 25, 2020. Retrieved December 17, 2020.

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Bouvé, Clement Lincoln (1912). "Of Aliens Unlawfully Residing In The United States". A Treatise on the Laws Governing the Exclusion and Expulsion of Aliens in the United States. Washington, D.C.: J. Byrne & co. p. 425. hdl:2027/uiuo.ark:/13960/t15n1mt6n.

heinonline.org

Smith, Rogers M. (2009). "Birthright Citizenship and the Fourteenth Amendment in 1868 and 2008". University of Pennsylvania Journal of Constitutional Law. 11 (5): 1329–1336.
Augustine-Adams, Kif (Fall 2001). "Gendered States: A Comparative Construction of Citizenship and Nation". Virginia Journal of International Law. 41 (1). Charlottesville, Virginia: John Bassett Moore Society of International Law: 93–139. ISSN 0042-6571. OCLC 93293362. Retrieved March 4, 2021 – via HeinOnline.

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Transcript Archived March 10, 2009, at the Wayback Machine, Testimony of Edward J. Erler before the House Subcommittee on Immigration and Claims, June 25, 1997.

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Lee, Margaret (May 12, 2006), U.S. Citizenship of Persons Born in the United States to Alien Parents (PDF), Congressional Research Service Report for Congress, retrieved August 16, 2008 (brief record)
^ Lee, Margaret (September 13, 2005), U.S. Citizenship of Persons Born in the United States to Alien Parents (PDF), ilw.com, retrieved May 30, 2010 (full text)

jstor.org

Cott, Nancy F. (December 1998). "Marriage and Women's Citizenship in the United States, 1830-1934". The American Historical Review. 103 (5). New York, New York: Oxford University Press for the American Historical Association: 1440–1474. doi:10.2307/2649963. ISSN 0002-8762. JSTOR 2649963. Retrieved December 10, 2020.

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supreme.justia.com

Findlaw.com: Nguyen v. INS, 533 U.S. 53 (2001)
"Mackenzie v. Hare, 239 U.S. 299 (1915)". Justia. Washington, D. C.: U.S. Supreme Court. December 6, 1915. Archived from the original on November 11, 2020. Retrieved December 17, 2020.
Text of Inglis v. Trustees of Sailor's Snug Harbor, 28 U.S. 99 (1830) is available from: Cornell Justia OpenJurist
Text of Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873) is available from: Cornell Google Scholar Justia Library of Congress OpenJurist
Text of Elk v. Wilkins, 112 U.S. 94 (1884) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of United States v. Wong Kim Ark, 169 U.S. 649 (1898) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of Plyler v. Doe, 457 U.S. 202 (1982) is available from: Cornell Google Scholar Justia Library of Congress Oyez (oral argument audio)

law.justia.com

Fitisemanu v. United States, No. 20-4017, (10th Cir. 2021) ("Such consideration properly falls under the purview of Congress, a point on which we fully agree with the concurrence. These circumstances advise against the extension of birthright citizenship to American Samoa. We reverse.").

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"Some Canadian mothers forced to give birth in U.S." KOMO TV News. October 3, 2007. Retrieved July 22, 2016.

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Arn, Cynthia C. (2018). "Acquiring U.S. Citizenship". landisarn.com. Portland, Maine: Landis, Arn & Jaynes P. A. Archived from the original on September 24, 2020. Retrieved December 17, 2020.

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Expatriation Act, 14th-amendment.com, quoting Sanger 1869, pp. 223–224. Sanger, George P., ed. (1869), Statutes at Large and Proclamations, of the United States of America. From December 1867 – March 1869, Boston: Little, Brown, and Company.
Congressional Globe, 1st Session, 39th Congress, pt. 4, p. 2893 Senator Reverdy Johnson said in the debate: "Now, all this amendment provides is, that all persons born in the United States and not subject to some foreign Power—for that, no doubt, is the meaning of the committee who have brought the matter before us—shall be considered as citizens of the United States ... If there are to be citizens of the United States entitled everywhere to the character of citizens of the United States, there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States."
Congressional Globe, 1st Session, 39th Congress, pt. 4, p. 2897.
Congressional Globe, 1st Session, 39th Congress, pt. 1, p. 572.
Congressional Globe, 1st Session, 39th Congress, pt. 1, p. 498. The debate on the Civil Rights Act contained the following exchange:
Mr. Cowan: "I will ask whether it will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?"
Mr. Trumbull: "Undoubtedly."
...
Mr. Trumbull: "I understand that under the naturalization laws the children who are born here of parents who have not been naturalized are citizens. This is the law, as I understand it, at the present time. Is not the child born in this country of German parents a citizen? I am afraid we have got very few citizens in some of the counties of good old Pennsylvania if the children born of German parents are not citizens."
Mr. Cowan: "The honorable Senator assumes that which is not the fact. The children of German parents are citizens; but Germans are not Chinese; Germans are not Australians, nor Hottentots, nor anything of the kind. That is the fallacy of his argument."
Mr. Trumbull: "If the Senator from Pennsylvania will show me in the law any distinction made between the children of German parents and the children of Asiatic parents, I may be able to appreciate the point which he makes; but the law makes no such distinction; and the child of an Asiatic is just as much of a citizen as the child of a European."
Congressional Globe, 1st Session, 39th Congress, pt. 4, pp. 2891–2. During the debate on the Amendment, Senator John Conness of California declared, "The proposition before us, I will say, Mr. President, relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. We have declared that by law [the Civil Rights Act]; now it is proposed to incorporate that same provision in the fundamental instrument of the nation. I am in favor of doing so. I voted for the proposition to declare that the children of all parentage, whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal Civil Rights with other citizens."
Congressional Globe, 1st Session, 39th Congress, pt. 4, pp. 2890, 2892–4, 2896.
Congressional Globe, 1st Session, 39th Congress, pt. 4, p. 2893. Senate Judiciary Committee Chairman Lyman Trumbull, participating in the debate, stated the following: "What do we [the committee reporting the clause] mean by 'subject to the jurisdiction of the United States'? Not owing allegiance to anybody else. That is what it means." He then proceeded to expound upon what he meant by "complete jurisdiction": "Can you sue a Navajoe Indian in court? ... We make treaties with them, and therefore they are not subject to our jurisdiction ... If we want to control the Navajoes, or any other Indians of which the Senator from Wisconsin has spoken, how do we do it? Do we pass a law to control them? Are they subject to our jurisdiction in that sense? ... Would he [Sen. Doolittle] think of punishing them for instituting among themselves their own tribal regulations? Does the Government of the United States pretend to take jurisdiction of murders and robberies and other crimes committed by one Indian upon another? ... It is only those persons who come completely within our jurisdiction, who are subject to our laws, that we think of making citizens."
Congressional Globe, 1st Session, 39th Congress, pt. 4, p. 2895. Howard additionally stated the word jurisdiction meant "the same jurisdiction in extent and quality as applies to every citizen of the United States now" and that the United States possessed a "full and complete jurisdiction" over the person described in the amendment.

cdn.loc.gov

Text of Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873) is available from: Cornell Google Scholar Justia Library of Congress OpenJurist
Text of Elk v. Wilkins, 112 U.S. 94 (1884) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of United States v. Wong Kim Ark, 169 U.S. 649 (1898) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of Plyler v. Doe, 457 U.S. 202 (1982) is available from: Cornell Google Scholar Justia Library of Congress Oyez (oral argument audio)

thomas.loc.gov

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loc.gov

United States Congress (February 10, 1855). "United States Statutes-At-Large: "An Act to secure the Right of Citizenship to Children of Citizens of the United States Born out of the Limits thereof" – 33rd Congress, Sess. II, Chap. 71, February 10, 1855" (PDF). Washington, D. C.: Library of Congress. Retrieved December 10, 2020.

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Schroeder, Robert (October 30, 2018). "Trump Today: President says he's preparing order to end birthright citizenship". Market Watch. Retrieved October 30, 2018.

migrationpolicy.org

Lee, Margaret (May 12, 2006), U.S. Citizenship of Persons Born in the United States to Alien Parents (PDF), Congressional Research Service Report for Congress, retrieved August 16, 2008 (brief record)
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"The Demographic Impacts of Repealing Birthright Citizenship". Migration Policy Institute. Retrieved November 19, 2024.

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Da Silva, Chantal (October 30, 2018). "Trump Says He Plans to Sign Executive Order to Terminate Birthright Citizenship". CNN. Archived from the original on October 30, 2018. Includes video.

nytimes.com

"... During that debate, Senator Edgar Cowan of Pennsylvania objected to the citizenship clause of the 14th Amendment. 'Is the child of the Chinese immigrant in California a citizen?' he asked on the Senate floor. Senator John Conness of California said the answer should be 'yes.' 'The children of all parentage whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal civil rights with other citizens,' Mr. Conness said." Robert Pear (August 7, 1996), "Citizenship Proposal Faces Obstacle in the Constitution", New York Times

openjurist.org

Text of Inglis v. Trustees of Sailor's Snug Harbor, 28 U.S. 99 (1830) is available from: Cornell Justia OpenJurist
Text of Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873) is available from: Cornell Google Scholar Justia Library of Congress OpenJurist
Text of Elk v. Wilkins, 112 U.S. 94 (1884) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist
Text of United States v. Wong Kim Ark, 169 U.S. 649 (1898) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist

oyez.org

Text of Plyler v. Doe, 457 U.S. 202 (1982) is available from: Cornell Google Scholar Justia Library of Congress Oyez (oral argument audio)

pbs.org

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politico.com

McCarthy, Mia (December 8, 2024). "Trump plans to end birthright citizenship in the US". POLITICO. Retrieved December 8, 2024.

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