Does The U.S. Constitution Grant ‘Native Born Citizenship’? Tusculum College, American Government Essay

1390 words - 6 pages

Does the U.S. Constitution grant ‘Native-born Citizenship’?
Native-born citizens are people born within the United States but the parents happen to not be citizens. There is much controversy over whether or not these types of people are actually citizens because the Constitution uses but does not define the phrase "natural-born citizen.” Section One of the Fourteenth amendment clearly states, - “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” With this being stated, I think that the Constitution does guarantee anyone born on American soil are rightfully citizens with the same freedoms and liberties as a “traditional born citizen”.
There have been many occasions where this argument has become a main focal point for some pretty important court cases. One of the most popular was U.S. vs. Wong Kim Ark (1898.) In this particular court case Wong Kim Ark was born in 1873 in the city of San Francisco in California. His parents were both Chinese immigrants and remained subjects of the Chinese emperor while they lived in the United States. Ever since he was born, Wong Kim Ark lived in California. Congress passed the Chinese Exclusion Act in 1882, which denied citizenship to any Chinese immigrants and did not allow any new immigrant laborers to come from China until 1892. In 1890, Wong Kim Ark’s parents returned to China. He visited them that same year, but came back to San Francisco, recognized as a “native-born citizen” by the U.S. customs officials. In 1894, when he was 21 years old, he went back to China to visit his parents again. In 1895, he attempted to re-enter the United States, but U.S. customs officials denied his entry, claiming this time that he was not a U.S. citizen. (United States v. Wong Kim Ark 169 U.S. 649 (1898), para. one) So the question lies: does a child born in the United States to parents of Chinese descent become a U.S. citizen by birth, according to the Fourteenth Amendment to the Constitution? The The clear answer is yes. Chinese Exclusion Act was passed 14 years after the Fourteenth Amendment, so it cannot possibly control the meaning of the amendment. Justice Horace Gray wrote the opinion of the Supreme Court, which stated that the Act “must be construed and executed in subordination” to the Fourteenth Amendment. The court held that the government cannot deny citizenship to anyone born within the United States, including Wong Kim Ark. Furthermore, if he was a citizen, then the Chinese Exclusion Act could not apply to him.
Another important court case is Minor v. Happersett (1874) which states on 15th of October,...

Other Essays On Does the U.S. Constitution grant ‘Native-born Citizenship’? - Tusculum College, American Government - Essay

Does the American Dream still exist - English - Essay

436 words - 2 pages rise to the top, but unfortunately, due to the hierarchical society that is America, hard work did not always translate to success. I think the American dream is just as achievable now as it was back when it was started, for there is hope to reach success no matter who you are and where you come from, but the walls of despotism put up aimlessly by the American people and government prevents all people from achieving the dream, no matter how hard

How native American folktales conflate expectation - American Literature - Essay

761 words - 4 pages 1 Nguyen Quan Nguyen Mr. Thompson American Literature Oct 19th, 2017 How native American folktales conflate expectation The Native American folktales conflate expectations by combining the ambiguous aspects of the stories to arise the readers’ curiosity. In traditional European folktales, they rely on simplicity and the lack of ambiguity in order to make a clear point, and to produce a clear moral that provides readers clear insight into how

How Democratic Is The American Constitution

1563 words - 7 pages document, some word for word. Throughout the book Dahl continues on to discuss many different parts of the American Constitution that he feels needs to be brought to light. This spans from the creation of the constitution to the Electoral College, even to the existence of the Supreme Court. Dahl goes in depth and explains all of his arguments with reasoning and empirical observations. Although much of what he says could be misconstrued, he makes

AP Gov 4.1.4- Congressional Voting - AP U.S. Government - Essay

611 words - 3 pages Ellie Stimmel Estimmel9636 10/24/17 Congressional Voting Congressmen and senators vote a certain way for a variety of reasons, but the main reason is for re-election. Although this is not what the average American would like to think, it is true that, overall, members of Congress’s main goal is to gain re-election in order to further the interests of their constituents and their own ideological views. Congressmen, specifically, are especially

write about how political parties lead to polarization in the U.S - American politics- Political Science - Essay

1989 words - 8 pages that they wanted to discard in favor of a truly democratic government. (Pruitt, 2018) If the founding fathers didn't want this country to be run by political parties, How did we end up in a situation where on one hand, we are so polarized and hateful towards people from the other party, and on the other hand about 40% of Americans identify as independents and don't want anything to do with either one of the two parties? (Jones, 2018) Most people

Birth control should be provided for free by the government - De Anza College / ESL 273 - Essay

734 words - 3 pages 3 Agree or disagree: Birth control should be provided for free by the government Good for Life When it comes to the issue of birth control, most of us will agree that it helps us control the time to have children. However, in 2017, the Trump administration rolled back protections of the Affordable Care Act which increased women’s access to a wide range of contraceptives without paying out of pocket. The new rules allow employers to decline to

Does the constitution Forbid Religious Displays on Public Property?

545 words - 3 pages Does the Constitution Forbid Religious Displays on Public Property?We look to the United States Constitution, to answer many questions about our government and our rights. It outlines the structure of our federal government, as well as the freedoms this country affords. When I first thought about the question, “Does the Constitution forbid religious displays on public property?”, I automatically assumed that it did not. But upon

How does the Birmingham Letter relate to you - Tougaloo College World Literature - Essay

686 words - 3 pages bible as he protested white oppression. Dr. King’s dedication to the Black community and his strong nonviolent stance to injustice inspires me to be there for my African American community and aid in any way I can as well. Furthermore, Dr. King’s letter encourages me to not be afraid to stand up to oppression and ridicule. King mention in his letter that African Americans tried to desegregate by meeting government officials. He was not afraid of

the difference between electoral college and run off - Government - government

1648 words - 7 pages Hainline 6 Electoral College or Run off There is more to voting then most people really know. The Electoral College system was created by the United States constitution to speed up the voting process from the horseback ways of long before. This system was created by our four fathers on September 6, 1776. It is a name for how our country votes on the next president in an election. It has been mistaken for a school over the years, instead of

The difference in native american women, fur trading women, and rich and elite women - womens history - essay

1812 words - 8 pages , which would dissolve what was meant to be a lifelong relationship. Once a woman married, her main role was as a wife and mother. “she would learn to fit her daily chores around the nearly constant childbearing and childrearing that would continue until she reached menopause in her mid to late forties. Enslaved africans and their American born descendants cherished their religious rites and kept many religious practices alive under slavery. Slave

Government of the United States - government - essay

2084 words - 9 pages tried to abolish courts/remove judges ● Supremacy Clause made sure the Supreme Court had power of judicial review ● Stuart v. Laird ○ Congress had the authority to reorganize the judiciary ○ Federalists would no longer win control over any branch Marbury v Madison ● Marbury v. Madison decision would come to be appreciated for establishing the Court’s “coequal” status among the branches of the American government. ● asked the Court to issue a writ of

Similar Papers

How The Constitution Changed America College Us History Essay

597 words - 3 pages When the Constitution of the United States was written in 1787 it changed the lives of many.  The constitution is such a famous piece of writing for many reasons. It is well known not just because it established a democratic government but, more of how it consistent it is with modern society. When the constitution was written the founding fathers made it in such a way that it would be able to relate to society as it modernized. As this new

Food Inc Film Review Over The Documentary About Food Processing And Factory Farming Tulsa Community College, American Federal Government Film Review Essay

529 words - 3 pages government themselves directly hide secrets from common people, and corn is in almost everything we eat. Most Americans have seen the rise in desperation for work in Mexico. The ideal solution would be to reach out with charity and care, like any normal system of people. However, not for the major meat packing companies. Companies such as Tyson will go to Mexico and bring back illegal immigrants who have agreed to work for them because of a promise

The Indian Removal Act Violated The Constitution American History 20 G Essay,

539 words - 3 pages example of the Indian Removal Act violating the constitution is how the Trail of Tears as a whole was a major violation of the eighth amendment which prohibited cruel and unusual punishment. Does it sound fair or just that you should be punished for merely existing? How about the fact that you are to be punished by having your homes auctioned off without your knowledge and for you to be kicked out of your house immediately, not even being given time

Texas Constitution And Why Is Should Be Ammended Government Essay

834 words - 4 pages the current Constitution is the limiting factor of the executive government. The chief executive’s power being divided between different State officials causes jealously between all other elected officials. These same elected officials become protective towards their positions, power, and prerogatives. This power play makes it hard for a group effort to govern this state. If officials weren’t completely worried about keeping their power