Strangers to the Constitution : immigrants, borders, and fundamental law / Gerald L. Neuman.

By:

Neuman, Gerald L, 1952-

Material type: Text

text

Media type:

computer

Carrier type:

online resource

ISBN:

1400812798
9781400812790
9780691043609
0691043604

Subject(s): Genre/Form:

Electronic books.

Additional physical formats: Print version:: Strangers to the Constitution.DDC classification:

342.73/082 347.30282 20

LOC classification:

KF4800 .N48 1996eb

Online resources:

Click here to access online

Contents:

Ch. 1. Whose Constitution? -- Ch. 2. The Open Borders Myth and the Lost Century of American Immigration Law -- Ch. 3. Constitutional Limits on Immigration Regulation in the First Century: Federalism Objections -- Ch. 4. The Rights of Alien Friends within the United States -- Ch. 5. The Geographical Scope of the Constitution -- Ch. 6. Rights beyond Our Borders -- Ch. 7. Crossing the Border -- Ch. 8. Limits of the Polity: Political Rights of Immigrants in the United States -- Ch. 9. Limits of the Nation: Birthright Citizenship and Undocumented Children -- Ch. 10. Conclusion.

Summary: Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants - and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution."Summary: Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the U.S. seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

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Item type	Home library	Collection	Call number	Materials specified	Status	Date due	Barcode
Electronic-Books	OPJGU Sonepat- Campus	E-Books EBSCO			Available

Includes bibliographical references (pages 191-275) and index.

Print version record.

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants - and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution."

Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the U.S. seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

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