Dual Citizenship: Reflections on Theodore Roosevelt's 'Self-Evident Absurdity'

14 Pages Posted: 24 Sep 2014

See all articles by David A. Martin

David A. Martin

University of Virginia School of Law

Date Written: September 1, 2014

Abstract

This essay, published in a Festschrift in honor of Prof. Kay Hailbronner of the University of Konstanz, explores the meaning of dual citizenship in the 21st century, partly by exploring themes from the writings of Theodore Roosevelt on the subject. It endorses Roosevelt’s understanding of the value of civic solidarity, but it argues that such solidarity does not necessarily require that each person have only a single nationality. The proper analogy is not bigamy (a frequent condemnation leveled at dual nationality around the turn of the 20th century), but rather the expanded but equally committed loyalties that come with the birth of a second child.

In developing this thesis, the essay briefly describes the evolution of U.S. citizenship doctrine, from the days of perpetual allegiance theory (inherited from the British common law), through recognition of a right to expatriate enshrined in the 1868 Expatriation Act, to later laws and practices that demanded only a single nationality, such as the State Department’s requirement of “election” (choosing a single nationality upon attaining majority) or the 1907 act stripping women of U.S. citizenship if they married a foreign husband. The aversion to dual nationality, however, hit its high-water mark around 1915, when Roosevelt wrote his major works on the subject, and began declining thereafter. Some of this change was statutory, such as the repeal of the 1907 act provision shortly after women won the right to vote. But much of the change resulted from Supreme Court decisions, including Schneider and Afroyim. The major remaining U.S. barrier to dual nationality today derives from the required naturalization oath, prescribed by statute and virtually unchanged since 1795. The State Department now routinely counsels those contemplating naturalization that they need not worry about the oath’s pledge to foreswear all other allegiances, but such advice about a solemn oath can create ethical dilemmas – and in any event provides a confusing and unfortunate way to welcome new members of the national community. The statute should be amended to modify (but not eliminate) the oath. We can accept dual nationality without denigrating the idea, embraced by Roosevelt, of strong mutual obligations and loyalties running in both directions between citizen and polity. Civic nationalism can be an antidote to ethnic nationalism, and national allegiance is crucial to making democracy work.

Suggested Citation

Martin, David A., Dual Citizenship: Reflections on Theodore Roosevelt's 'Self-Evident Absurdity' (September 1, 2014). Virginia Public Law and Legal Theory Research Paper No. 2014-58, Available at SSRN: https://ssrn.com/abstract=2500463 or http://dx.doi.org/10.2139/ssrn.2500463

David A. Martin (Contact Author)

University of Virginia School of Law ( email )

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