Thursday, August 2, 2012

Birthright Citizenship - A Matter of Jurisdiction

It may be summer, but I have a pop-quiz for you. Who said, "Give me liberty, or give me death!" Right. Patrick Henry. How about this one, "Mr. Gorbachev, tear down this wall!" I'm sure you know that Ronald Reagan made that challenge. Finally, who recently said, "Being an American is not a matter of blood or birth. It's a matter of faith." That statement was made by Barack Obama during a speech about immigration reform.

When it comes to citizenship and who can be an American, is it a matter of faith, as the President stated? Or is it more accurate to say that American citizenship is a matter of settled law? The U.S. Constitution states in Article 1, Section 8, that Congress (the lawmaking branch of the three branches of government) has the authority to make laws governing citizenship. At the time the Constitution was written, the Framers were just coming to terms with all the details of forming a new nation. They all had been Englishmen before the Revolution, but now, they were Americans. The Founders had to settle the question of whom else could become an American.

Commentators and pundits argue that any child born on American soil, regardless of their parents' immigration status, should be granted American citizenship as a right of birth, or "birthright citizenship." The judicial branch in what are the three branches of government, have gone along with this, establishing a precedent for continued birthright citizenship. It is clear that birthright citizenship is an attractive benefit, as so many illegal alien mothers cross America's borders just to check in to an American hospital in time to give birth. These newborn babies are given automatic citizenship, and are an "anchor" for the family's future in the United States.

The Civil War was fought, in part, over the great question of slavery. Slaves were not considered fully human by many of their captors, let alone American citizens. After the slaves' emancipation, there were some who would not recognize their citizenship, nor the citizenship of their offspring. This was an argument that had to be settled. The question of who was entitled to American citizenship was addressed in the Fourteenth Amendment to the Constitution.

Monday, July 30, 2012

New Citizenship Rules for Canadians

As of April 17, 2009 new citizenship rules have been put in place. This was done to correct some problems that were found in the previous citizenship rules. The new rules are designed to make the citizenship rules easier to understand and enforce. The three main changes in the Canadian citizenship rules are:

Restoring or granting Canadian citizenship to citizens who either never had citizenship or had lost their citizenship due to previous citizenship laws.

The new rules limit Canadian citizenship to the first generation of children born to Canadian parents outside the boundaries of Canada.

It allows people who were adopted outside of Canada, by Canadian parents between the dates of January 1, 1947 and February 14, 1977 to file an application of citizenship without having to go through an immigration process.

The previous citizenship rules were more confusing and led to many people being unsure of their citizenship standing in Canada. Before the new rules went into effect, people living outside of Canada who were born to Canadian parents, or had Canadian grandparents had to submit an application to retain or keep their Canadian citizenship, to live in Canada for one year, or to prove that they had a solid connection to Canada before their 28th birthday. This led to confusion because many of these people did not realize that they had Canadian citizenship in the first place.