Strangers to the Constitution

Strangers to the Constitution
Author :
Publisher : Princeton University Press
Total Pages : 297
Release :
ISBN-10 : 9781400821952
ISBN-13 : 1400821959
Rating : 4/5 (959 Downloads)

Book Synopsis Strangers to the Constitution by : Gerald L. Neuman

Download or read book Strangers to the Constitution written by Gerald L. Neuman and published by Princeton University Press. This book was released on 2010-07-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.


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