Natural Law and Birthright Citizenship in Calvin's Case (1608)
@article{Price1997NaturalLA, title={Natural Law and Birthright Citizenship in Calvin's Case (1608)}, author={Polly J. Price}, journal={Yale journal of law and the humanities}, year={1997}, volume={9}, pages={2} }
This article examines Calvin's Case (1608), a King's Bench decision about whether a person born in Scotland after the union of the Scottish and English crowns in 1603 was also a subject of England. American judges in the nineteenth century used Coke's report of Calvin's Case to determine questions of US citizenship, and in doing so produced a common law of territorial birthright citizenship. American judges equated the ancient English term "subject" with "citizen," without discussion of the…
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References
SHOWING 1-10 OF 14 REFERENCES
Constitution of Empire: The Case for the Colonists
- History, Law
- 1976
Let us suppose that in 1776 agreement had been reached between Britain and America on the proposition that the British Parliament had no authority over the colonies. Would twentieth-century…
United States Immigration and Nationality Act of 1952
- 1996
Citizenship acquired by birth in the United States is granted by the 14th Amendment itself
- J
- 1988
The Fourteenth Amendment ... makes every person who is born here a citizen
- Citizenship acquired by birth in the United States is granted not by Congress but by the 14th Amendment. See Bell v
- 1964
German Legal Philosophy, 16 MICH
- L. REV
- 1918
Introduction to BODIN, supra note 10
KETrNER, supra note 29
Naturalization Act of 1790, ch. 3, § 1, 1 Stat. 103, 104 (repealed 1795)