1898 United States v. Huang Jinde
USINFO | 2013-10-24 10:34

 

Huang Jinde (Wong Kim Ark) was born in San Francisco, the parents are legal U.S. residents. His parents in 1890 was returned to China, Huang Jinde subsequently went to China, returned to the U.S., Customs found that he was an American citizen and allow him to enter the country. 1894 Year Huang Jinde again went to China, 1895 years back to the U.S. when he was with the Chinese Exclusion Act Customs refused their entry, and was detained in San Francisco Harbor. California Federal Court By precedent : In Re Look Tin Sing, Gee Fook Sing VS. U.S. finds the Fourteenth Amendment of the Constitution " by the United States under the jurisdiction of " the significance is not subject to U.S. laws under U.S. political jurisdictions, so judgment Huang Jinde is a U.S. citizen. The U.S. government refused to accept an appeal directly to the Supreme Court .

Case in 1897 by the U.S. Supreme Court to six votes to two votes finds that: Chinese descent born in the United States, its non-Chinese diplomatic or public officials, and with permanent residence in the United States, is a U.S. citizen at birth. The judgment of the American-born (Jus Soli ) this factor may determine its U.S. citizenship. The Supreme Court and confirmed the Fourteenth Amendment's text about citizenship than any bill in Congress. 1868 Fourteenth Amendment to the Constitution of the first sentence of "citizenship clause" expressly: "All born or naturalized in the United States, and subject to the jurisdiction of the United States, is a U.S. citizen and a citizen of his state of residence.

Justice Fuller ( Justice Melville Fulle R) -led minority view was that the Fourteenth Amendment's "subject to the jurisdiction of the United States," the text is free from any foreign influence on behalf of. So foreign parents during the trip, just after the United States and give birth to a child, is not subject to U.S. jurisdiction. They advocate Jus sanguinis( children inherit their parent's citizenship ) jurisprudence is more applicable to the case, noting that the situation with the Chinese slaves different : there are outstanding Chinese cultural traditions, making them unable to integrate into mainstream American society; was China's legal provided that if the Chinese emperor refused allegiance is a capital offense; addition, the Chinese Exclusion Act also makes the Chinese territory can not get citizenship.

Huang Jindewin this lawsuit, his three sons: Huang Yu gift, yellow fertile repair, James Wong Wo have got citizenship. The current U.S. citizenship identification, adopting both territorial and personal doctrine, born in the United States recognize, and parent is a U.S. citizen child's citizenship.

In the case of Huang Jinde after 1942 years of "Golden West's son" (Native Sons of the Golden West ) groups had asked the Supreme Court overturned the verdict against Huang Jinde, Challenge 2600 were born in the United States of Japanese citizenship. Federal Court and the Ninth Circuit Court sentenced "Golden West's son" lost, the Supreme Court also refused to hearing of the case. 2009 The Georgia House of Representatives Deere ( Nathan Deal ) proposed a "birthright citizenship proposal" and 2011 was Louisiana Senator Vader ( David Vitter ) proposed a similar bill, once again attempt to exclude the children of illegal immigrants born in the United States to become U.S. citizens. 2011 years 1 month 25 days Vader propose constitutional amendments seek to amend the text of Article 14 of the Constitution to deny illegal immigrants and foreign visitors citizenship to children born in the United States. Pros and cons, a short time will not cease.

美闻网---美国生活资讯门户
©2012-2014 Bywoon | Bywoon