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The Naturalization Act of 1870 () was a
United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
that created a system of controls for the
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
process and penalties for fraudulent practices. It is also noted for extending the naturalization process to "aliens of African nativity and to persons of African descent" while also maintaining exclusion of the process to naturalized Chinese Americans and other groups.


Wong Kim Ark case

By virtue of the Fourteenth Amendment and despite the 1870 Act, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in '' United States v. Wong Kim Ark'' (1898) recognized U.S. birthright citizenship of an American-born child of Chinese parents who had a permanent domicile and residence in the United States, and who were there carrying on business, and were not employed in any diplomatic or official capacity under the
Emperor of China ''Huangdi'' (), translated into English as Emperor, was the superlative title held by monarchs of China who ruled various imperial regimes in Chinese history. In traditional Chinese political theory, the emperor was considered the Son of Heav ...
.United States v. Wong Kim Ark
169 U.S. 649 (1898). U.S. citizenship of persons born in the United States since ''Wong Kim Ark'' have been recognized, although the Supreme Court has never directly made a ruling in relation to children born to parents who are not legal residents in the United States.


Legislative history

The Naturalization bill was introduced by
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Representative Noah Davis from
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
as bill H.R. 2201 and
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Roscoe Conkling Roscoe Conkling (October 30, 1829April 18, 1888) was an American lawyer and Republican politician who represented New York in the United States House of Representatives and the United States Senate. He is remembered today as the leader of the ...
from
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
co-sponsored the bill in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. The 1870 Act was passed by the
41st United States Congress The 41st United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 186 ...
and signed into law by
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Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union A ...
on July 14, 1870. Although the act was enacted in the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
during the
Reconstruction era The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
, it is often not noted among the group of major legislative bills passed and enacted during that time period.


References


Bibliography

* Provides a brief overview of the importance of the Naturalization Act of 1870 among Congressmen during the era of Reconstruction. It also traces the legislative history of bill H.R. 2201 in Congress during 1870. {{Immigration to the United States 1870 in law 1870 in the United States
Legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
Presidency of Ulysses S. Grant Reconstruction Era legislation United States federal immigration and nationality legislation Asian-American issues