Constitutional Law
169 U.S. 649 (1898)
Study notes for United States v. Wong Kim Ark: professor notes, cold call prep, exam angles, and memory aids.
The Fourteenth Amendment grants U.S. citizenship to individuals born on U.S. soil, regardless of their parents' citizenship status.
In 'United States v. Wong Kim Ark', the Supreme Court addressed a fundamental question regarding the scope of the Fourteenth Amendment's Citizenship Clause. The Court emphasized that citizenship is not solely a matter of the allegiance of a child's parents, but rather is tied to the principle of jus soli, or birthright citizenship, which was clearly established in U.S. law at the time. The justices argued that individuals born on U.S. soil are granted citizenship irrespective of their parents' nationality, thereby reinforcing the United States' commitment to a pluralistic society where individuals, regardless of heritage, can claim citizenship.
Additionally, the decision underscored the historical context in which the Fourteenth Amendment was adopted in 1868, intended to ensure citizenship for former slaves and their descendants, expanding its reach to include those born to non-citizen parents. Professor emphasis might also focus on the implications of the ruling for future cases involving questions of citizenship, immigration, and national identity, revealing ongoing tensions between ethnic heritage and civic belonging in American law.
Born on U.S. soil? You're a citizen - Ark's rule.
| Case | Distinction |
|---|---|
| Elk v. Wilkins | Elk v. Wilkins held that a Native American born on tribal lands was not a U.S. citizen because they did not owe allegiance to the United States, while Wong Kim Ark affirmed citizenship based on the jus soli principle. |
| United States v. Strader | Strader involved the status of a person born in the United States to parents who were ineligible for citizenship; Wong Kim Ark distinguished itself by affirming citizenship for all born on U.S. soil regardless of parental citizenship. |
Affirming birthright citizenship supports the principle of equal protection under the law and solidifies the foundations of a diverse society that embraces individuals from all backgrounds.
Opponents argue that birthright citizenship may encourage unlawful immigration and challenges the social fabric of the nation by granting citizenship to those with no legal ties to the country.
Exam questions may focus on the interpretation of the Fourteenth Amendment and its application to citizenship, particularly regarding the impact of birthright citizenship on contemporary immigration law.