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Children Without a StateA Global Human Rights Challenge$
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Jacqueline Bhabha

Print publication date: 2011

Print ISBN-13: 9780262015271

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262015271.001.0001

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Birthright Citizenship: The Vulnerability and Resilience of an American Constitutional Principle

Birthright Citizenship: The Vulnerability and Resilience of an American Constitutional Principle

Chapter:
(p.255) 11 Birthright Citizenship: The Vulnerability and Resilience of an American Constitutional Principle
Source:
Children Without a State
Author(s):

Linda K. Kerber

Publisher:
The MIT Press
DOI:10.7551/mitpress/9780262015271.003.0011

This chapter examines definitions of birthright citizenship under the United States constitution. Although jus soli is the main system through which most Americans claim their citizenship, jus sanguinis is another system of claiming citizenship by people born outside the United States via law of blood. The chapter explores practices defining the selection process of children born outside the United States for US citizenship, as well as the questions of protection and belonging that these practices raise. Several appeals have been made to the US federal courts for improvement in the birthright citizenship law.

Keywords:   birthright citizenship, jus soli, jus sanguinis, law of blood, federal courts

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