Wong Kim Ark and Sentencia Que Declara Constitucional La Ley General De Migracion 285-04 in Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, and Political Morality
44 Pages Posted: 3 Jul 2009
Date Written: 2007
This article addresses the principle of jus soli citizenship, or citizenship by birth, through a comparative examination of U.S. and Dominican Republic constitutional law. Whereas both constitutions embody the principle of jus soli citizenship, the Dominican Republic, in light of an influx of Haitian migrants, has gradually restricted its interpretation of its constitutional provision to limit the reach of Dominican citizenship. The U.S., despite growing anti-immigrant sentiment in a number of demographics, has consistently retained its liberal interpretation of the 14th Amendment. The conclusion of this article is that this is as it should be. The intrepretation given to the citizenship clause of the U.S. Constitution is correct as an interpretative matter, but more importantly, is correct in light of the long liberal tradition inherent in U.S. political and legal institutions.
Keywords: jus soli, immigration law & policy, citizenship, comparative law, constitutional law, international law, international tribunals, regional legal institution
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