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Citizenship Clause
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states: This clause reversed a portion of the ''Dred Scott v. Sandford'' decision, which had declared that African Americans were not and could not become citizens of the United States or enjoy any of the privileges and immunities of citizenship. The concepts of state and national citizenship were already mentioned in the original U.S. Constitution adopted in 1789, but the details were unclear. Prior to the Civil War, only some persons born or naturalized in the United States, and subject to the jurisdiction thereof, were citizens of the United States and of the state wherein they reside, according to the various applicable state and federal laws and court decisions. The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States "not subject to any foreign power". The 39th Congress proposed the prin ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendmen ...
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Benjamin Wade
Benjamin Franklin "Bluff" Wade (October 27, 1800March 2, 1878) was an American lawyer and politician who served as a United States Senator for Ohio from 1851 to 1869. He is known for his leading role among the Radical Republicans.Benjamin Wade
''American Battlefield Trust''. Retrieved February 13, 2022.
Had the 1868 impeachment of U.S. President Andrew Johnson led to a conviction in the Senate, as
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Reverdy Johnson
Reverdy Johnson (May 21, 1796February 10, 1876) was a statesman and jurist from Maryland. He gained fame as a defense attorney, defending notables such as Sandford of the Dred Scott case, Maj. Gen. Fitz John Porter at his court-martial, and Mary Surratt, alleged conspirator in the assassination of Abraham Lincoln. A former Whig, he was a strong supporter of the Union war effort. At first he opposed wartime efforts to abolish slavery until 1864, and in 1865 supported the 13th Amendment banning slavery. Johnson served as United States Minister to the United Kingdom from 1868 to 1869. Early life Johnson was born on May 21, 1796 in Annapolis, Maryland. He was the son of a distinguished Maryland lawyer and politician, John Johnson (1770–1824), who served as Attorney General of Maryland from 1806 to 1811 and later Chancellor of Maryland, and Deborah (née Ghieselen) Johnson (1773–1847). His younger brothers were John Johnson Jr. (1798–1856), the last Chancellor of Maryland, ...
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United States House Of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they comprise the national bicameral legislature of the United States. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member congressional districts allocated to each state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after the passage of the 19th Amendment and the Civil Rights Movement. Since 1913, the number of voting representative ...
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Joint Resolution
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the President for their approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and signed by the President (or, re-passed in override of a presidential veto; or, remain unsigned for ten days while Congress is in session) to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution and these do not require the approval of the President. Laws enacted by joint resolutions are not distinguished from laws enacted by bills, except that they are designated as resolutions as opposed to Acts of Congress (see for example War Powers Resolution). While either a bill or joint resolution can be used to create a law, the two generally have different purposes. Bi ...
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United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powers of the Senate are established by Article One of the United States Constitution. The Senate is composed of senators, each of whom represents a single state in its entirety. Each of the 50 states is equally represented by two senators who serve staggered terms of six years, for a total of 100 senators. The vice president of the United States serves as presiding officer and president of the Senate by virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. As the upper chamber of Congress, the Senate has several powers o ...
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West Publishing
West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and it had an office in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters. History West Publishing was founded by John Briggs West. In 1872, he went into business for himself as "John B. West, Publisher and Book Seller", reprinting legal treatises, publishing legal forms, and producing a much-appreciated index to the Minnesota statutes. He even arranged for a Swedish-language version of the state's rules of practice, for the state's many Scandinavian-born lawyers and judges ...
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Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The invention of the Internet made legal re ...
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Immigration And Naturalization Service V
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and other short-term stays in a destination country do not fall under the definition of immigration or migration; seasonal labour immigration is sometimes included, however. As for economic effects, research suggests that migration is beneficial both to the receiving and sending countries. Research, with few exceptions, finds that immigration on average has positive economic effects on the native population, but is mixed as to whether low-skilled immigration adversely affects low-skilled natives. Studies show that the elimination of barriers to migration would have profound effects on world GDP, with estimates of gains ranging between 67 and 147 percent for the scenarios in which 37 to 53 percent of the developing countries' workers migrate ...
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Afroyim V
''Afroyim v. Rusk'', 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, '' Perez v. Brownell'' (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier. The ''Afroyim'' decision opened the way for a wider acceptance of dual (or multiple) citizenship in United States law.Spiro (2005) ...
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Garrett Epps
Garrett Epps (born 1950 in Richmond, Virginia) is an American legal scholar, novelist, and journalist. He was professor of law at the University of Baltimore until his retirement in June 2020; previously he was the Orlando J. and Marian H. Hollis Professor of Law at the University of Oregon. Biography Epps attended St. Christopher's School and Harvard College, where he was president of ''The Harvard Crimson''. He later received an M.A. degree in Creative Writing from Hollins University, and a J.D. degree from Duke University, where he was first in his class. After graduation from Harvard, he was a cofounder of ''The Richmond Mercury'', a short-lived alternative weekly whose alumni include Pulitzer Prize-winning journalists Frank Rich and Glenn Frankel. He also worked as an editor or reporter for The ''Richmond Afro-American'', ''The Virginia Churchman'', ''The Free-Lance Star'', and ''The Washington Post''. From 1983 until 1988, he was a columnist for Independent Weekly (then a b ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that m ...
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