Nationality Act Of 1940
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Nationality Act Of 1940
The Nationality Act of 1940 (H.R. 9980; Pub.L. 76-853; 54 Stat. 1137) revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war. The law revised "the existing nationality laws of the U.S. into a more complete nationality code"; it defined those persons who were "eligible for citizenship through birth or naturalization" and clarified "the status of individuals and their children born or residing in the continental U.S., its territories such as Alaska, Hawaii, Puerto Rico, the Virgin Islands, the Philippines, Panama and the Canal Zone, or abroad." The law furthermore defined who was not eligible for citizenship, and how citizenship could be lost or terminated. This legislation represents the first attempt ever made, since the founding of the United States, to codify and unif ...
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Samuel Dickstein (congressman)
Samuel Dickstein (February 5, 1885 – April 22, 1954) was a Democratic Congressional Representative from New York (22-year tenure), a New York State Supreme Court Justice, and a Soviet spy. He played a key role in establishing the committee that would become the House Committee on Un-American Activities, which he used to attack fascists, including Nazi sympathizers, and suspected communists. In 1999, authors Allen Weinstein and Alexander Vassiliev learned that Soviet files indicate that Dickstein was a paid agent of the NKVD. Background Dickstein was born on February 5, 1885, into a Jewish family of five children near Vilna in the Russian Empire (now known as Vilnius, Lithuania). His parents were Rabbi Israel Dickstein (died 1918) and Slata B. Gordon (died 1931). In 1887, his family emigrated to the United States. They settled on the Lower East Side of New York City. Dickstein attended public and private schools, the City College of New York, and in 1906 graduated from ...
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Desertion
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which are temporary forms of absence. Desertion versus absence without leave In the United States Army, United States Air Force, British Armed Forces, Australian Defence Force, New Zealand Defence Force, Singapore Armed Forces and Canadian Armed Forces, military personnel will become AWOL if absent from their post without a valid pass, liberty or leave. The United States Marine Corps, United States Navy, and United States Coast Guard generally refer to this as unauthorized absence. Personnel are dropped from their unit rolls after thirty days and then listed as ''deserters''; however, as a matter of U.S. military law, desertion is not measured by time away from the unit, but rather: * by leaving or remaining absent from their unit, organizati ...
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United States Federal Immigration And Nationality Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Natural Born Citizen Of The United States
Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for holding the office of president or vice president. This requirement was intended to protect the nation from foreign influence. The U.S. Constitution uses but does not define the phrase "natural born Citizen" and various opinions have been offered over time regarding its exact meaning. The consensus of early 21st-century constitutional and legal scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States. As to those born elsewhere who meet the legal requirements for birthright citizenship, the consensus emerging as of 2016 was that they also are natural-born citizens. The first nine presidents and the 12th president (Zachary Taylor) were all citizens at the adoption of the constitution in 1789, with all being born within the territory held by the United States ...
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Jus Sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with '' jus soli'' ('right of soil'), which is solely based on the place of birth. Today, almost all states apply some combination of ''jus soli'' and ''jus sanguinis'' in their nationality laws to varying degrees. Historically, the most common application of ''jus sanguinis'' is a right of a child to their father's nationality. Today, the vast majority of countries extend this right on an equal basis to the mother. Some apply this right irrespecti ...
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Jus Soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to '' jus sanguinis'', which derives from the Roman law that influenced the civil-law systems of mainland Europe. ''Jus soli'' is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. Outside the Americas, however, ''jus soli'' is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European count ...
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Citizenship In The United States
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, the rights to vote (however, not all citizens have the right to vote in all federal elections, for example, those living in Puerto Rico), live and work in the United States, and to receive federal assistance. There are two primary sources of citizenship: birthright citizenship, in which persons born within the territorial limits of the United States are presumed to be a citizen, or—providing certain other requirements are met—born abroad to a United States citizen parent, and naturalization, a process in which an eligible legal immigrant applies for citizenship and is accepted. The first of these two pathways to citizenship is specified in the Citizenship ...
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Birthright Citizenship In The United States Of America
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is (or was) a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization. Birthright citizenship is guaranteed to most people born on U.S. territory by the first part of the Citizenship Clause introduced by the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), which states: :"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". The Amendment overrode the Supreme Court decision in ''Dred Scott v. Sandford'' (1857) that denied US citizenship to African Americans, whether born in the United States or not, and whether ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Citizenship Clause
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states: This clause reversed a portion of the ''Dred Scott v. Sandford'' decision, which had declared that African Americans were not and could not become citizens of the United States or enjoy any of the privileges and immunities of citizenship. The concepts of state and national citizenship were already mentioned in the original U.S. Constitution adopted in 1789, but the details were unclear. Prior to the Civil War, only some persons born or naturalized in the United States, and subject to the jurisdiction thereof, were citizens of the United States and of the state wherein they reside, according to the various applicable state and federal laws and court decisions. The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States "not subject to any foreign power". The 39th Congress proposed the prin ...
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Unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on t ...
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Afroyim V
''Afroyim v. Rusk'', 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, '' Perez v. Brownell'' (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier. The ''Afroyim'' decision opened the way for a wider acceptance of dual (or multiple) citizenship in United States law.Spiro (2 ...
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