United States v. Wong Kim Ark について

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United States v. Wong Kim Ark ：ウィキペディア英語版

United States v. Wong Kim Ark

''United States v. Wong Kim Ark'', , is a United States Supreme Court case in which the Court ruled that a child born in the United States of Chinese citizens, who had at the time a permanent domicile and residence in the United States and who were carrying on business there other than for the Chinese government, automatically became a U.S. citizen.〔''Wong Kim Ark'', 169 U.S. at 705. "The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative."〕 This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.
Wong Kim Ark, who was born in San Francisco around 1871, to Chinese parents legally domiciled and resident there at the time, had been denied re-entry to the United States after a trip abroad, under a law restricting Chinese immigration and prohibiting immigrants from China from becoming naturalized U.S. citizens. He challenged the government's refusal to recognize his citizenship, and the Supreme Court ruled in his favor, holding that the citizenship language in the Fourteenth Amendment encompassed the specific circumstances of his birth, which included that he was the child of foreigners permanently domiciled and resident in the U.S. at the time of birth.
The case highlighted disagreements over the precise meaning of one phrase in the Citizenship Clause—namely, the provision that a person born in the United States who is ''subject to the jurisdiction thereof'' acquires automatic citizenship. The Supreme Court's majority concluded that this phrase referred to being required to obey U.S. law; on this basis, they interpreted the language of the Fourteenth Amendment in a way that granted U.S. citizenship to at least some children born of foreigners because they were born on American soil (a concept known as ''jus soli''). The court's dissenters argued that being subject to the jurisdiction of the United States meant not being subject to any foreign power—that is, not being claimed as a citizen by another country via ''jus sanguinis'' (inheriting citizenship from a parent)—an interpretation which, in the minority's view, would have excluded "the children of foreigners, happening to be born to them while passing through the country".〔''United States v. Wong Kim Ark'', .〕 In the words of a 2007 legal analysis of events following the ''Wong Kim Ark'' decision, "The parameters of the ''jus soli'' principle, as stated by the court in ''Wong Kim Ark'', have never been seriously questioned by the Supreme Court, and have been accepted as dogma by lower courts."〔
A 2010 review of the history of the Citizenship Clause notes that the ''Wong Kim Ark'' decision held that the guarantee of birthright citizenship "applies to children of foreigners present on American soil" and states that the Supreme Court "has not re-examined this issue since the concept of 'illegal alien' entered the language".〔Epps (2010), p. 332.〕 Since the 1990s, however, controversy has arisen over the longstanding practice of granting automatic citizenship to U.S.-born children of illegal immigrants, and legal scholars disagree over whether the ''Wong Kim Ark'' precedent applies when alien parents are in the country illegally.〔〔 Attempts have been made from time to time in Congress to restrict birthright citizenship, either via statutory redefinition of the term ''jurisdiction'', or by overriding both the ''Wong Kim Ark'' ruling and the Citizenship Clause itself through an amendment to the Constitution, but no such proposal has been enacted.
== Background ==

抄文引用元・出典: フリー百科事典『ウィキペディア（Wikipedia）』
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