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- Citizenship; nationals; American nationals; immigration; interstitial citizenship (1)
- Constitutional Citizenship; Statutory Citizenship; U.S. Territories; American Samoa; Fourteenth Amendment; Insular Cases; Citizenship Clause; Immigration; Supreme Court; Tenth Circuit; Democracy; Territorial Autonomy; Naturalization; Fitisemanu (1)
Articles 1 - 2 of 2
Full-Text Articles in Fourteenth Amendment
Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, Janet M. Calvo
Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, Janet M. Calvo
Fordham Law Review
In 2019, the District of Utah in Fitisemanu v. United States rejected the Insular Cases and held that persons born in American Samoa acquired Fourteenth Amendment constitutional citizenship at birth. The Tenth Circuit reversed through an analysis that attempted to “repurpose” the Insular Cases. This Essay discusses the differing concepts of citizenship presented in Fitisemanu, which raise significant questions about the nature and import of American constitutional citizenship. The Supreme Court’s recent denial of certiorari in Fitisemanu unfortunately leaves these questions unresolved, further continuing the second-class status of individuals born in the territories and underscores the uncertainty of …
American Nationals And Interstitial Citizenship, Rose Cuison Villazor
American Nationals And Interstitial Citizenship, Rose Cuison Villazor
Fordham Law Review
Citizenship scholarship is pervasively organized around a binary concept: there is citizenship (which is acquired at birth or through naturalization) and there is noncitizenship (which accounts for everyone else). This Article argues that this understanding is woefully incomplete. In making this argument, I tell the story of noncitizen nationals, a group referred to by this Article as American nationals. Judicially constructed in the 1900s, and codified by Congress in 1940, American nationals possess some of the rights inherent to citizenship, such as the right to enter and reside in the United States without a visa. Yet, they do not have …