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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 p ...
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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. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ...
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John Bingham
John Armor Bingham (January 21, 1815 – March 19, 1900) was an American politician who served as a Republican representative from Ohio and as the United States ambassador to Japan. In his time as a congressman, Bingham served as both assistant Judge Advocate General in the trial of the Abraham Lincoln assassination and a House manager (prosecutor) in the impeachment trial of U.S. President Andrew Johnson. He was also the principal framer of the Fourteenth Amendment to the United States Constitution. Early life and education Born in Mercer County, Pennsylvania, where his carpenter and bricklayer father Hugh had moved after service in the War of 1812, Bingham attended local public schools. After his mother's death in 1827, his father remarried. John moved west to Ohio to live with his merchant uncle Thomas after clashing with his new stepmother. He apprenticed as a printer for two years, helping to publish the ''Luminary'', an anti-Masonic newspaper. He then returned to ...
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United States House Of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of the United States Constitution, Article One of the Constitution of the United States, U.S. Constitution to pass or defeat federal legislation, known as Bill (United States Congress), bills. Those that are also passed by the Senate are sent to President of the United States, the president for signature or veto. The House's exclusive powers include initiating all revenue bills, Impeachment in the United States, impeaching federal officers, and Contingent election, electing the president if no candidate receives a majority of votes in the United States Electoral College, Electoral College. Members of the House serve a Fixed-term election, fixed term of two years, with each seat up for election before the start of the next Congress. ...
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Joint Resolution
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the president for their approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and signed by the President (or, re-passed in override of a presidential veto; or, remain unsigned for ten days while Congress is in session) to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution, and these do not require the approval of the President. Laws enacted by joint resolutions are not distinguished from laws enacted by bills, except that they are designated as resolutions as opposed to Acts of Congress (see for example War Powers Resolution). While either a bill or joint resolution can be used to create a law, the two generally have different purposes. Bi ...
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United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the United States Constitution, Article One of the Constitution of the United States, U.S. Constitution to pass or defeat federal legislation. The Senate also has exclusive power to confirm President of the United States, U.S. presidential appointments, to approve or reject treaties, and to convict or exonerate Impeachment in the United States, impeachment cases brought by the House. The Senate and the House provide a Separation of powers under the United States Constitution, check and balance on the powers of the Federal government of the United States#Executive branch, executive and Federal judiciary of the United States, judicial branches of government. The composition and powers of the Se ...
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West Publishing
West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters. History West Publishing was founded by John Briggs West. In 1872, he went into business for himself as "John B. West, Publisher and Book Seller", reprinting legal treatises, publishing legal forms, and producing an index to the Minnesota statutes. He even arranged for a Swedish-language version of the state's rules of practice, for the state's many Scandinavian-born lawyers and judges. In 1876, his business had expa ...
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Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The development of the Internet made lega ...
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Immigration And Naturalization Service V
Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short-term stays in a destination country do not fall under the definition of immigration or migration; seasonal labour immigration is sometimes included, however. Economically, research suggests that migration can be beneficial both to the receiving and sending countries. The academic literature provides mixed findings for the relationship between immigration and crime worldwide. Research shows that country of origin matters for speed and depth of immigrant assimilation, but that there is considerable assimilation overall for both first- and second-generation immigrants. Discrimination based on nationality is legal in most countries. Extensive evidence of discrimination against foreign-born persons in criminal justice, business, the economy, ...
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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 (20 ...
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Garrett Epps
Garrett Epps (born 1950) is an American legal scholar, novelist, and journalist. He was professor of law at the University of Baltimore until his retirement in June 2020; previously he was the Orlando J. and Marian H. Hollis Professor of Law at the University of Oregon. Biography Epps attended St. Christopher's School (Richmond, Virginia), St. Christopher's School and Harvard College, where he was president of ''The Harvard Crimson''. He later received an M.A. degree in Creative Writing from Hollins University, and a Juris Doctor, J.D. degree from Duke University, where he was first in his class. After graduation from Harvard, he was a cofounder of ''The Richmond Mercury'', a short-lived alternative weekly whose alumni include Pulitzer Prize-winning journalists Frank Rich and Glenn Frankel. He also worked as an editor or reporter for The ''Richmond Afro-American'', ''The Virginia Churchman'', ''The Free-Lance Star'', and ''The Washington Post''. From 1983 until 1988, he was a colum ...
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Article One Of The United States Constitution
Article One of the Constitution of the United States establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One's Legislative Vesting Clause, Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause ...
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United States Nationality Law
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is established as a right under the Constitution, not as a privilege, for those born in the United States under its jurisdiction and those who have been "naturalized". While the words ''citizen'' and ''national'' are sometimes used interchangeably, ''national'' is a broader legal term, such that a person can be a ''national'' but not a ''citizen'', while ''citizen'' is reserved to ''nationals'' who have the status of citizenship. Individuals born in any of the 50 U.S. states, the District of Columbia or almost any inhabited territory are United States citizens (and nationals) by birthright. The sole exception is American Samoa, where individuals are typically non-citizen U.S. nationals at birth. Additionally, individu ...
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