Citizenship and Protection

Andrew Kent

Fordham University School of Law

March 19, 2014

Fordham Law Review, Vol. 82, 2014
Fordham Law Legal Studies Research Paper No. 2411808

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.

Number of Pages in PDF File: 21

Keywords: citizenship, Constitution, protection

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Date posted: March 21, 2014 ; Last revised: April 7, 2014

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: https://ssrn.com/abstract=2411808

Contact Information

Andrew Kent (Contact Author)
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
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