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In 1907, the federal government declared that any American woman marrying a foreigner had to assume the nationality of her husband, and thereby denationalized thousands of American women. This highly original study follows the dramatic variations in women's nationality rights, citizenship law, and immigration policy in the United States during the late Progressive and interwar years, placing the history and impact of "derivative citizenship" within the broad context of the women's suffrage movement. Making impressive use of primary sources, and utilizing original documents from many leading women's reform organizations, government agencies, Congressional hearings, and federal litigation involving women's naturalization and expatriation, Candice Bredbenner provides a refreshing contemporary feminist perspective on key historical, political, and legal debates relating to citizenship, nationality, political empowerment, and their implications for women's legal status in the United States. This fascinating and well-constructed account contributes profoundly to an important but little-understood aspect of the women's rights movement in twentieth-century America. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1999.
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This Handbook sets a new agenda for theoretical and practical explorations of citizenship, analysing the main challenges and prospects informing today's world of increased migration and globalization. It will also explore new forms of membership and democratic participation beyond borders, and the rise of European and multilevel citizenship.
Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose—at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship. The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization—a process provided for by one clause of the act—became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen—not the state—secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.
Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
Most Americans believe that the ratification of the Constitution in 1788 marked the settlement of post-Revolutionary disputes over the meanings of rights, democracy, and sovereignty in the new nation. In The Citizenship Revolution, Douglas Bradburn undercuts this view by showing that the Union, not the Nation, was the most important product of independence. In 1774, everyone in British North America was a subject of King George and Parliament. In 1776 a number of newly independent "states," composed of "American citizens" began cobbling together a Union to fight their former fellow countrymen. But who was an American? What did it mean to be a "citizen" and not a "subject"? And why did it matter? Bradburn’s stunning reinterpretation requires us to rethink the traditional chronologies and stories of the American Revolutionary experience. He places battles over the meaning of "citizenship" in law and in politics at the center of the narrative. He shows that the new political community ultimately discovered that it was not really a "Nation," but a "Union of States"—and that it was the states that set the boundaries of belonging and the very character of rights, for citizens and everyone else. To those inclined to believe that the ratification of the Constitution assured the importance of national authority and law in the lives of American people, the emphasis on the significance and power of the states as the arbiter of American rights and the character of nationhood may seem strange. But, as Bradburn argues, state control of the ultimate meaning of American citizenship represented the first stable outcome of the crisis of authority, allegiance, and identity that had exploded in the American Revolution—a political settlement delicately reached in the first years of the nineteenth century. So ended the first great phase of the American citizenship revolution: a continuing struggle to reconcile the promise of revolutionary equality with the pressing and sometimes competing demands of law, order, and the pursuit of happiness.
The Nordic countries have a century-long tradition for cooperation within the area of citizenship law. Since the mid-1970s, however, the Nordic countries have moved in different directions. Today, the Nordic countries represent the entire continuum in European citizenship policies – from liberal Sweden to restrictive Denmark, with the other Nordic neighbors in between. This report reviews the historical development and the current citizenship regime in the five Nordic countries, it provides statistics on the acquisition and loss of citizenship in each country over the past 10-15 years, and it offers a comparative analysis of the divergent development of citizenship law in the 2000s. The concluding chapter discusses possible consequences of the different citizenship regimes and the prospects for strengthened cooperation between the Nordic countries in the area of citizenship law.
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This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.