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The Sovereign Citizen

Author: Patrick Weil
Publisher: University of Pennsylvania Press
ISBN: 0812206215
Size: 18.65 MB
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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.

Citizen Slave

Author: Robert Hart
Publisher: Trafford Publishing
ISBN: 1490747656
Size: 16.75 MB
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Citizen/Slave: Understanding Liberty is a treatise that describes with acute accuracy what freedom, liberty, and justice really means, how the American people have been tricked out of their sovereignty by stealthy legal illusions, and how the people can repair America by regaining control of their individual unalienable rights. Citizen/Slave explains the problems in detailhow they evolved, how they became erroneously accepted by the people, what the legal illusions and realities are, and what the American people can do to save their individual sovereignty and country, thereby creating a totally free and prosperous society with safeguards that can never be corrupted again. Sprinkled liberally throughout this book are quotes from numerous well-known personages from history, which remind us of immutable principles that have been forgotten and overlooked in our fast-paced modern world. Citizen/Slave puts together the pieces of the puzzle for understanding the long-forgotten common-sense principles of creating justice and why governments and societies either succeed or fail. Without these organized foundational principles, like a boat without a rudder, societies and governments will waffle in the uncertain tides of confusion and injustice that has been the downfall of every great society. Citizen/Slave is a must-read for all people, young and old, lay people and professionals, students and professors alike. Understanding the principles expounded in Citizen/Slave is as important to the freedoms, liberties, and justice of people as reading, writing, and math is to functioning in the modern world. Citizen/Slave is a simple road map for catapulting society into the next step of human evolution.

At Home In Two Countries

Author: Peter J Spiro
Publisher: NYU Press
ISBN: 0814785824
Size: 60.70 MB
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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.

Immigration Detention And Human Rights

Author: Galina Cornelisse
Publisher: BRILL
ISBN: 9004173706
Size: 31.62 MB
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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Democracy And The Foreigner

Author: Bonnie Honig
Publisher: Princeton University Press
ISBN: 1400824818
Size: 30.29 MB
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What should we do about foreigners? Should we try to make them more like us or keep them at bay to protect our democracy, our culture, our well-being? This dilemma underlies age-old debates about immigration, citizenship, and national identity that are strikingly relevant today. In Democracy and the Foreigner, Bonnie Honig reverses the question: What problems might foreigners solve for us? Hers is not a conventional approach. Instead of lauding the achievements of individual foreigners, she probes a much larger issue--the symbolic politics of foreignness. In doing so she shows not only how our debates over foreignness help shore up our national or democratic identities, but how anxieties endemic to liberal democracy themselves animate ambivalence toward foreignness. Central to Honig's arguments are stories featuring ''foreign-founders,'' in which the origins or revitalization of a people depend upon a foreigner's energy, virtue, insight, or law. From such popular movies as The Wizard of Oz, Shane, and Strictly Ballroom to the biblical stories of Moses and Ruth to the myth of an immigrant America, from Rousseau to Freud, foreignness is represented not just as a threat but as a supplement for communities periodically requiring renewal. Why? Why do people tell stories in which their societies are dependent on strangers? One of Honig's most surprising conclusions is that an appreciation of the role of foreigners in (re)founding peoples works neither solely as a cosmopolitan nor a nationalist resource. For example, in America, nationalists see one archetypal foreign-founder--the naturalized immigrant--as reconfirming the allure of deeply held American values, whereas to cosmopolitans this immigrant represents the deeply transnational character of American democracy. Scholars and students of political theory, and all those concerned with the dilemmas democracy faces in accommodating difference, will find this book rich with valuable and stimulating insights.

The Cultural Defense Of Nations

Author: Liav Orgad
Publisher: Oxford University Press
ISBN: 0191646431
Size: 63.46 MB
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The changing patterns of contemporary immigration have initiated a new form of majority nationalism. In recent years, liberal democracies have introduced immigration and citizenship policies that are designed to defend the majority culture. This trend is fed by fears of immigration-some justified, some paranoid-which explain the rise of extreme right-wing parties in the West. Liberal theory and human rights law seem to be out of sync with these developments. While they recognize the rights of minority groups to maintain their cultural identity, it is typically assumed that majority groups have neither a need for similar rights nor a moral basis for defending them. The majority culture, so the argument goes, "can take care of itself." This singular book shifts the focus from the prevailing discussion of minority rights and, for the first time, directly addresses the cultural rights of majorities. The findings reveal a troubling trend in liberal democracies, which, ironically, in order to protect liberal values, violate the very same values. The book criticizes this state of affairs and presents a liberal theory of cultural defense that distinguishes between justifiable and unjustifiable attempts by majorities to protect their cultural essentials. It formulates liberal standards by which liberal states can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism.

Democratic Experiments

Author: Brice Laurent
Publisher: MIT Press
ISBN: 0262344491
Size: 54.91 MB
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In Democratic Experiments, Brice Laurent discusses the challenges that emerging technologies create for democracy today. He focuses on nanotechnology and its attendant problems, proposing nanotechnology as a lens through which to understand contemporary democracy in both theory and practice. Arguing that democracy is at stake where nanotechnology is defined as a problem, Laurent examines the sites where nanotechnology is discussed and debated by scientists, policymakers, and citizens. It is at these sites where the joint production of nanotechnology and the democratic order can be observed. Focusing on the United States, France, and Europe, and various international organizations, Laurent analyzes representations of nanotechnology in science museums, collective discussions in participatory settings, the making of categories such as "nanomaterials" or responsible innovation" in standardization and regulatory arenas, and initiatives undertaken by social movements. He contrasts American debates, in which the concern for public objectivity is central, with the French "state experiment," the European goal of harmonization, and the international concern with a global market. In France, public debate proceeded in response to public protest and encountered a radical critique of technological development; the United States experimented with an innovative approach to technology assessment. The European regulatory approach results in lengthy debates over political integration; the United States relies on the adversarial functioning of federal agencies. Because nanotechnology is a domain where concerns over anticipation and participation are pervasive, Laurent argues, nanotechnology -- and science and technology studies more generally -- provides a relevant focus for a renewed analysis of democracy.

Citizens Rights And The Right To Be A Citizen

Author: Ernst Hirsch Ballin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004223207
Size: 43.39 MB
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Citizens’ rights are the essential connecting link between human rights and life in a democratic society. The right to be a citizen can bridge the gap between the universality of human rights and the changing political and social settings of people’s lives.

Hitler S American Model

Author: James Q. Whitman
Publisher: Princeton University Press
ISBN: 1400884632
Size: 76.21 MB
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How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.

How To Be French

Author: Patrick Weil
Publisher: Duke University Press
ISBN: 0822389479
Size: 71.75 MB
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How to Be French is a magisterial history of French nationality law from 1789 to the present, written by Patrick Weil, one of France’s foremost historians. First published in France in 2002, it is filled with captivating human dramas, with legal professionals, and with statesmen including La Fayette, Napoleon, Clemenceau, de Gaulle, and Chirac. France has long pioneered nationality policies. It was France that first made the parent’s nationality the child’s birthright, regardless of whether the child is born on national soil, and France has changed its nationality laws more often and more significantly than any other modern democratic nation. Focusing on the political and legal confrontations that policies governing French nationality have continually evoked and the laws that have resulted, Weil teases out the rationales of lawmakers and jurists. In so doing, he definitively separates nationality from national identity. He demonstrates that nationality laws are written not to realize lofty conceptions of the nation but to address specific issues such as the autonomy of the individual in relation to the state or a sudden decline in population. Throughout How to Be French, Weil compares French laws to those of other countries, including the United States, Great Britain, and Germany, showing how France both borrowed from and influenced other nations’ legislation. Examining moments when a racist approach to nationality policy held sway, Weil brings to light the Vichy regime’s denaturalization of thousands of citizens, primarily Jews and anti-fascist exiles, and late-twentieth-century efforts to deny North African immigrants and their children access to French nationality. He also reveals stark gender inequities in nationality policy, including the fact that until 1927 French women lost their citizenship by marrying foreign men. More than the first complete, systematic study of the evolution of French nationality policy, How to be French is a major contribution to the broader study of nationality.