Citizenship and Protection

21 Pages Posted: 21 Mar 2014 Last revised: 7 Apr 2014

Andrew Kent

Fordham University School of Law

Date Written: March 19, 2014


This symposium essay discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States both noncitizens and citizens have had more or less equal civil liberties protections (putting to one side the question of immigration law). But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This essay sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.

Keywords: citizenship, Constitution, protection

Suggested Citation

Kent, Andrew, Citizenship and Protection (March 19, 2014). Fordham Law Review, Vol. 82, 2014; Fordham Law Legal Studies Research Paper No. 2411808. Available at SSRN:

Andrew Kent (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Register to save articles to
your library


Paper statistics

Abstract Views