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Author: James H. Kettner
Publisher: UNC Press Books
ISBN: 0807839760
Category : History
Languages : en
Pages : 404
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Book Description
he concept of citizenship that achieved full legal form and force in mid-nineteenth-century America had English roots in the sense that it was the product of a theoretical and legal development that extended over three hundred years. This prize-winning volume describes and explains the process by which the cirumstances of life in the New World transformed the quasi-medieval ideas of seventeenth-century English jurists about subjectship, community, sovereignty, and allegiance into a wholly new doctrine of "volitional allegiance." The central British idea was that subjectship involved a personal relationship with the king, a relationship based upon the laws of nature and hence perpetual and immutable. The conceptual analogue of the subject-king relationship was the natural bond between parent and child. Across the Atlantic divergent ideas were taking hold. Colonial societies adopted naturalization policies that were suited to practical needs, regardless of doctrinal consistency. Americans continued to value their status as subjects and to affirm their allegiance to the king, but they also moved toward a new understanding of the ties that bind individuals to the community. English judges of the seventeenth and eighteenth centuries assumed that the essential purpose of naturalization was to make the alien legally the same as a native, that is, to make his allegiance natural, personal, and perpetual. In the colonies this reasoning was being reversed. Americans took the model of naturalization as their starting point for defining all political allegiance as the result of a legal contract resting on consent. This as yet barely articulated difference between the American and English definition of citizenship was formulated with precision in the course of the American Revolution. Amidst the conflict and confusion of that time Americans sought to define principles of membership that adequately encompassed their ideals of individual liberty and community security. The idea that all obligation rested on individual volition and consent shaped their response to the claims of Parliament and king, legitimized their withdrawal from the British empire, controlled their reaction to the loyalists, and underwrote their creation of independent governments. This new concept of citizenship left many questions unanswered, however. The newly emergent principles clashed with deep-seated prejudices, including the traditional exclusion of Indians and Negroes from membership in the sovereign community. It was only the triumph of the Union in the Civil War that allowed Congress to affirm the quality of native and naturalized citizens, to state unequivocally the primacy of the national over state citizenship, to write black citizenship into the Constitution, and to recognize the volitional character of, the status of citizen by formally adopting the principle of expatriation.-->
Author: James H. Kettner
Publisher: UNC Press Books
ISBN: 0807839760
Category : History
Languages : en
Pages : 404
Get Book
Book Description
he concept of citizenship that achieved full legal form and force in mid-nineteenth-century America had English roots in the sense that it was the product of a theoretical and legal development that extended over three hundred years. This prize-winning volume describes and explains the process by which the cirumstances of life in the New World transformed the quasi-medieval ideas of seventeenth-century English jurists about subjectship, community, sovereignty, and allegiance into a wholly new doctrine of "volitional allegiance." The central British idea was that subjectship involved a personal relationship with the king, a relationship based upon the laws of nature and hence perpetual and immutable. The conceptual analogue of the subject-king relationship was the natural bond between parent and child. Across the Atlantic divergent ideas were taking hold. Colonial societies adopted naturalization policies that were suited to practical needs, regardless of doctrinal consistency. Americans continued to value their status as subjects and to affirm their allegiance to the king, but they also moved toward a new understanding of the ties that bind individuals to the community. English judges of the seventeenth and eighteenth centuries assumed that the essential purpose of naturalization was to make the alien legally the same as a native, that is, to make his allegiance natural, personal, and perpetual. In the colonies this reasoning was being reversed. Americans took the model of naturalization as their starting point for defining all political allegiance as the result of a legal contract resting on consent. This as yet barely articulated difference between the American and English definition of citizenship was formulated with precision in the course of the American Revolution. Amidst the conflict and confusion of that time Americans sought to define principles of membership that adequately encompassed their ideals of individual liberty and community security. The idea that all obligation rested on individual volition and consent shaped their response to the claims of Parliament and king, legitimized their withdrawal from the British empire, controlled their reaction to the loyalists, and underwrote their creation of independent governments. This new concept of citizenship left many questions unanswered, however. The newly emergent principles clashed with deep-seated prejudices, including the traditional exclusion of Indians and Negroes from membership in the sovereign community. It was only the triumph of the Union in the Civil War that allowed Congress to affirm the quality of native and naturalized citizens, to state unequivocally the primacy of the national over state citizenship, to write black citizenship into the Constitution, and to recognize the volitional character of, the status of citizen by formally adopting the principle of expatriation.-->
Author: Judith N. Shklar
Publisher: Harvard University Press
ISBN: 9780674022164
Category : Political Science
Languages : en
Pages : 138
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Book Description
In this illuminating look at what constitutes American citizenship, Judith Shklar identifies the right to vote and the right to work as the defining social rights and primary sources of public respect. She demonstrates that in recent years, although all profess their devotion to the work ethic, earning remains unavailable to many who feel and are consequently treated as less than full citizens.
Author: Gary J. Jacobsohn
Publisher: Rowman & Littlefield
ISBN: 9780847680924
Category : Political Science
Languages : en
Pages : 156
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Book Description
Lectures presented as part of the celebration of the bicentennial of the founding of Williams College.
Author: Christopher A. Casey
Publisher: Cambridge University Press
ISBN: 1108787703
Category : History
Languages : en
Pages : 317
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Book Description
It is a fundamental term of the social contract that people trade allegiance for protection. In the nineteenth century, as millions of people made their way around the world, they entangled the world in web of allegiance that had enormous political consequences. Nationality was increasingly difficult to define. Just who was a national in a world where millions lived well beyond the borders of their sovereign state? As the nineteenth century gave way to the twentieth, jurists and policymakers began to think of ways to cut the web of obligation that had enabled world politics. They proposed to modernize international law to include subjects other than the state. Many of these experiments failed. But, by the mid-twentieth century, an international legal system predicated upon absolute universality and operated by intergovernmental organizations came to the fore. Under this system, individuals gradually became subjects of international law outside of their personal citizenship, culminating with the establishment of international courts of human rights after the Second World War.
Author: Carrie Hyde
Publisher: Harvard University Press
ISBN: 0674981723
Category : Literary Criticism
Languages : en
Pages : 308
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Book Description
No Constitutional definition of citizenship existed until the 14th Amendment in 1868. Carrie Hyde looks at the period between the Revolution and the Civil War when the cultural and juridical meaning of citizenship was still up for grabs. She recovers numerous speculative traditions that made and remade citizenship’s meaning in this early period.
Author: Jeremy B. Bierbach
Publisher: Springer
ISBN: 9462651655
Category : Law
Languages : en
Pages : 477
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Book Description
This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.
Author: Mehnaaz Momen
Publisher: Springer
ISBN: 3319615300
Category : Political Science
Languages : en
Pages : 265
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Book Description
“This remarkable book does the unusual: it embeds its focus in a larger complex operational space. The migrant, the refugee, the citizen, all emerge from that larger context. The focus is not the usual detailed examination of the subject herself, but that larger world of wars, grabs, contestations, and, importantly, the claimers and resisters.”— Saskia Sassen, Professor of Sociology, Columbia University, USA This thought-provoking book begins by looking at the incredible complexities of “American identity” and ends with the threats to civil liberties with the vast expansion of state power through technology. A must-read for anyone interested in the future of the promise and realities of citizenship in the modern global landscape.— Kevin R. Johnson, Dean, UC Davis School of Law, USA Momen focuses on the basic paradox that has long marked national identity: the divide between liberal egalitarian self-conception and persistent practices of exclusion and subordination. The result is a thought-provoking text that is sure to be of interest to scholars and students of the American experience. — Aziz Rana, Professor of Law, Cornell Law School, USA This book is an exploration of American citizenship, emphasizing the paradoxes that are contained, normalized, and strengthened by the gaps existing between proposed policies and real-life practices in multiple arenas of a citizen’s life. The book considers the evolution of citizenship through the journey of the American nation and its identity, its complexities of racial exclusion, its transformations in response to domestic demands and geopolitical challenges, its changing values captured in immigration policies and practices, and finally its dynamics in terms of the shift in state power vis-à-vis citizens. While it aspires to analyze the meaning of citizenship in America from the multiple perspectives of history, politics, and policy, it pays special attention to the critical junctures where rhetoric and reality clash, allowing for the production of certain paradoxes that define citizenship rights and shape political discourse.
Author: Lawrence B. A. Hatter
Publisher: University of Virginia Press
ISBN: 0813939550
Category : History
Languages : en
Pages : 288
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Book Description
Like merchant ships flying flags of convenience to navigate foreign waters, traders in the northern borderlands of the early American republic exploited loopholes in the Jay Treaty that allowed them to avoid border regulations by constantly shifting between British and American nationality. In Citizens of Convenience, Lawrence Hatter shows how this practice undermined the United States’ claim to nationhood and threatened the transcontinental imperial aspirations of U.S. policymakers. The U.S.-Canadian border was a critical site of United States nation- and empire-building during the first forty years of the republic. Hatter explains how the difficulty of distinguishing U.S. citizens from British subjects on the border posed a significant challenge to the United States’ founding claim that it formed a separate and unique nation. To establish authority over both its own nationals and an array of non-nationals within its borders, U.S. customs and territorial officials had to tailor policies to local needs while delineating and validating membership in the national community. This type of diplomacy—balancing the local with the transnational—helped to define the American people as a distinct nation within the Revolutionary Atlantic world and stake out the United States’ imperial domain in North America.
Author: Line-Noue Memea Kruse
Publisher: Springer
ISBN: 3319699717
Category : Political Science
Languages : en
Pages : 211
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Book Description
This book is a researched study of land issues in American Sāmoa that analyzes the impact of U.S. colonialism and empire building in the nineteenth and twentieth centuries. Carefully tracing changes in land laws up to the present, this volume also draws on a careful examination of legal traditions, administrative decisions, court cases and rising tensions between indigenous customary land tenure practices in American Sāmoa and Western notions of individual private ownership. It also highlights how unusual the status of American Sāmoa is in its relationship with the U.S., namely as the only “unincorporated” and “unorganized” overseas territory, and aims to expand the U.S. empire-building scholarship to include and recognize American Sāmoa into the vernacular of Americanization projects.
Author: Paul D. Quigley
Publisher: LSU Press
ISBN: 0807168645
Category : History
Languages : en
Pages : 257
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Book Description
The meanings and practices of American citizenship were as contested during the Civil War era as they are today. By examining a variety of perspectives—from prominent lawmakers in Washington, D.C., to enslaved women, from black firemen in southern cities to Confederate émigrés in Latin America—The Civil War and the Transformation of American Citizenship offers a wide-ranging exploration of citizenship’s metamorphoses amid the extended crises of war and emancipation. Americans in the antebellum era considered citizenship, at its most basic level, as a legal status acquired through birth or naturalization, and one that offered certain rights in exchange for specific obligations. Yet throughout the Civil War period, the boundaries and consequences of what it meant to be a citizen remained in flux. At the beginning of the war, Confederates relinquished their status as U.S. citizens, only to be mostly reabsorbed as full American citizens in its aftermath. The Reconstruction years also saw African American men acquire—at least in theory—the core rights of citizenship. As these changes swept across the nation, Americans debated the parameters of citizenship, the possibility of adopting or rejecting citizenship at will, and the relative importance of political privileges, economic opportunity, and cultural belonging. Ongoing inequities between races and genders, over the course of the Civil War and in the years that followed, further shaped these contentious debates. The Civil War and the Transformation of American Citizenship reveals how war, Emancipation, and Reconstruction forced the country to rethink the concept of citizenship not only in legal and constitutional terms but also within the context of the lives of everyday Americans, from imprisoned Confederates to former slaves.
