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학술논문미국헌법연구2021.08 발행

Understanding Nativist Elements Relating to Immigration Policies and to the American Constitution’s Natural Born Citizen Clause

Understanding Nativist Elements Relating to Immigration Policies and to the American Constitution’s Natural Born Citizen Clause

Seth Barrett Tillman(Maynooth University)

32권 2호, 1~55쪽

초록

This essay asks two related questions: First, is a society justified in distinguishing: citizens and immigrants? Second, is a society justified in distinguishing: (1) citizens from birth, and (2) persons who become citizens through naturalization some time after they are born? In addressing these related questions, this essay discusses: (1) policies relating to crossing international frontiers, and (2) United States Constitution, Article 2, Section 1, Clause 5―the “Natural Born Citizen Clause.” Modern commentators have uniformly suggested: that the latter constitutional provision serves no morally sound or reasonable purpose, and that the provision is rooted in bigotry and xenophobia. The author takes a contrary position, and supports his viewpoint by referencing early post-ratification constitutional scholarship and by posing hypotheticals to the reader in a Socratic dialogue.

Abstract

This essay asks two related questions: First, is a society justified in distinguishing: citizens and immigrants? Second, is a society justified in distinguishing: (1) citizens from birth, and (2) persons who become citizens through naturalization some time after they are born? In addressing these related questions, this essay discusses: (1) policies relating to crossing international frontiers, and (2) United States Constitution, Article 2, Section 1, Clause 5―the “Natural Born Citizen Clause.” Modern commentators have uniformly suggested: that the latter constitutional provision serves no morally sound or reasonable purpose, and that the provision is rooted in bigotry and xenophobia. The author takes a contrary position, and supports his viewpoint by referencing early post-ratification constitutional scholarship and by posing hypotheticals to the reader in a Socratic dialogue.

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미국헌법학회
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Understanding Nativist Elements Relating to Immigration Policies and to the American Constitution’s Natural Born Citizen Clause | 미국헌법연구 2021 | AskLaw | 애스크로 AI