ANCHORS AWEIGH: REDEFINING BIRTHRIGHT CITIZENSHIP IN THE 21ST CENTURY
AbstractThe purpose of this Note is to assert that while the judiciary may have historically misinterpreted the Citizenship Clause, there is still potential for reconciling past precedent with a modern solution to the "anchor baby" problem. One solution is to use a hybrid theory of domicile. This would use an "intent to stay" in conjunction with the traditional standard of the Citizenship Clause. Applying a hybrid theory of domicile as the standard for birthright citizenship would narrow the Citizenship Clause enough to remedy the "anchor baby" problem without requiring a constitutional amendment. Part II of this Note details the history of the 14th Amendment and the case law that has defined "subject to the jurisdiction thereof"; Part III discusses the relevant theories concerning birthright citizenship; and lastly, Part IV discusses potential remedies to the problem of abuse of birthright citizenship.
How to Cite
. ANCHORS AWEIGH: REDEFINING BIRTHRIGHT CITIZENSHIP IN THE 21ST CENTURY. Journal of Law and Family Studies, [S.l.], v. 13, n. 1, may 2011. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/497>. Date accessed: 19 nov. 2018.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).