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Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Birthright citizenship has a deep and contentious history in the United States, one often hard to square in a country that prides itself on being "a nation of immigrants." Even as the question of citizenship for children of immigrants was seemingly settled by the Fourteenth Amendment, vitriolic debate has continued for well over a century, especially in relation to U.S. race relations. Most recently, a provocative and decidedly more offensive term than birthright citizenship has emerged: "anchor babies." With this book, Leo R. Chavez explores the question of birthright citizenship, and of citizenship in the United States writ broadly, as he counters the often hyperbolic claims surrounding these so-called anchor babies. Chavez considers how the term is used as a political dog whistle, how changes in the legal definition of citizenship have affected the children of immigrants over time, and, ultimately, how U.S.-born citizens still experience trauma if they live in families with undocumented immigrants. By examining this pejorative term in its political, historical, and social contexts, Chavez calls upon us to exorcise it from public discourse and work toward building a more inclusive nation.
From a brilliant young legal scholar comes this sweeping history of American ideas of belonging and citizenship, told through the stories of fourteen legal cases that helped to shape our nation. Spanning three centuries, Black Trials details the legal challenges and struggles that helped define the ever-shifting identity of blacks in America. From the well-known cases of Plessy v. Ferguson and the Clarence Thomas confirmation hearings to the more obscure trial of Joseph Hanno, an eighteenth-century free black man accused of murdering his wife and bringing smallpox to Boston, Weiner recounts the essential dramas of American identity—illuminating where our conception of minority rights has come from and where it might go. Significant and enthralling, these are the cases that forced the courts and the country to reconsider what it means to be black in America, and Mark Weiner demonstrates their lasting importance for our society.
"Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.
The first contemporary overview of the critiques of human rights in Western political thought, from the French Revolution to the present day.
A New York Times Editors' Choice • Best Book of the Year: Time, NPR, Bookpage, L.A. Times What does it mean to be American? In this starkly illuminating and impassioned book, Pulitzer Prize­­–finalist Laila Lalami recounts her unlikely journey from Moroccan immigrant to U.S. citizen, using it as a starting point for her exploration of American rights, liberties, and protections. "Sharp, bracingly clear essays."—Entertainment Weekly Tapping into history, politics, and literature, she elucidates how accidents of birth—such as national origin, race, and gender—that once determined the boundaries of Americanness still cast their shadows today. Lalami poignantly illustrates how white supremacy survives through adaptation and legislation, with the result that a caste system is maintained that keeps the modern equivalent of white male landowners at the top of the social hierarchy. Conditional citizens, she argues, are all the people with whom America embraces with one arm and pushes away with the other. Brilliantly argued and deeply personal, Conditional Citizens weaves together Lalami’s own experiences with explorations of the place of nonwhites in the broader American culture.
Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.