United States V. Wong Kim Ark
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United States V. Wong Kim Ark
''United States v. Wong Kim Ark'', 169 U.S. 649 (1898), was a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China",''Wong Kim Ark'', 169 U.S. at 653. "The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitu ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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Illegal Immigration To The United States
Illegal immigration to the United States is the process of migrating into the United States in violation of federal immigration laws. This can include foreign nationals (aliens) who have entered the United States unlawfully, as well as those who lawfully entered but then remained after the expiration of their visas, parole, TPS, etc. Illegal immigration has been a matter of intense debate in the United States since the 1980s. The illegal immigrant population of the United States peaked by 2007, when it was at 12.2 million and 4% of the total U.S. population. Estimates in 2016 put the number of unauthorized immigrants at 10.7 million, representing 3.3% of the total U.S. population. Since the Great Recession, more illegal immigrants have left the United States than entered it, and illegal border crossings were at the lowest in decades until 2021, when a record of 1.7 million people were caught trying to cross the southern border illegally. Since 2007, visa overstays have acc ...
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Naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. The ...
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Immigration To The United States
Immigration has been a major source of population growth and Culture of the United States, cultural change throughout much of the history of the United States. In absolute numbers, the United States has a larger immigrant population than any other country in the world, with 47 million immigrants as of 2015. This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States' population. According to the 2016 Yearbook of Immigration Statistics, the United States admitted a total of 1.18 million legal immigrants (618k new arrivals, 565k status adjustments) in 2016. Of these, 48% were the immediate relatives of United States citizens, 20% were family-sponsored, 13% were refugees or asylum seekers, 12% were employment-based preferences, 4.2% were part of the Diversity Immigrant Visa program, 1.4% were victims of a crime (U1) or their family members were (U2 to U5), and 1.0% who were granted the Special Immigrant Visa (SIV) for Iraqis and Af ...
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Naturalization Act Of 1790
The Naturalization Act of 1790 (, enacted March 26, 1790) was a law of the United States Congress that set the first uniform rules for the granting of United States citizenship by naturalization. The law limited naturalization to "free White person(s) ... of good character", thus excluding Native Americans, indentured servants, slaves, free black people, and later Asians, although free black people were allowed citizenship at the state level in a number of states. The courts also associated whiteness with Christianity, and thus Muslim immigrants were also excluded from citizenship, until the decision ''Ex Parte Mohriez'' recognized citizenship for a Saudi Muslim man in 1944. The Act was modeled on the Plantation Act 1740 with respect to time, oath of allegiance, process of swearing before a judge, etc. Provisions There was a two-year residency requirement in the United States and one year in the state of residence before an alien would apply for citizenship, by filing a ...
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New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the List of United States cities by population density, most densely populated major city in the United States, and is more than twice as populous as second-place Los Angeles. New York City lies at the southern tip of New York (state), New York State, and constitutes the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area, the largest metropolitan area in the world by urban area, urban landmass. With over 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York is one of the world's most populous Megacity, megacities, and over 58 million people live within of the city. New York City is a global city, global Culture of New ...
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New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's popul ...
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American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states that had seceded. The central cause of the war was the dispute over whether slavery would be permitted to expand into the western territories, leading to more slave states, or be prevented from doing so, which was widely believed would place slavery on a course of ultimate extinction. Decades of political controversy over slavery were brought to a head by the victory in the 1860 U.S. presidential election of Abraham Lincoln, who opposed slavery's expansion into the west. An initial seven southern slave states responded to Lincoln's victory by seceding from the United States and, in 1861, forming the Confederacy. The Confederacy seized U.S. forts and other federal assets within their borders. Led by Confederate President Jefferson Davis, ...
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Slavery In The United States
The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slavery was established throughout European colonization in the Americas. From 1526, during early colonial days, it was practiced in what became Britain's colonies, including the Thirteen Colonies that formed the United States. Under the law, an enslaved person was treated as property that could be bought, sold, or given away. Slavery lasted in about half of U.S. states until abolition. In the decades after the end of Reconstruction, many of slavery's economic and social functions were continued through segregation, sharecropping, and convict leasing. By the time of the American Revolution (1775–1783), the status of enslaved people had been institutionalized as a racial caste associated with African ancestry. During and immediately ...
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Illegitimate
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''bastardy'', has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter bear the same implications. The importance of legitimacy has decreased substantially in Western countries since the sexual revolution of the 1960s and 1970s and the declining influence of conservative Christian churches in family and social life. Births outside marriage now represent a large majority in many countries of Western Europe and the Americas, as well as in many former European colonies. In many Western-influenced cultures, stigma based on parents' marital status, and use of the word ''bastard'', are now widely considered ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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