Latest news with #IndianCitizenshipAct
Yahoo
4 days ago
- Politics
- Yahoo
How the Constitution treated Native American citizenship
'If you are correct in stating that geographic birth creates citizenship, how do you explain the fact that American Indians and their children were not citizens until Congress passed a law in 1924 making them citizens? If Congress had to pass a law making the children of someone born here, someone who never lived outside of the United States and never had allegiance to another country, a citizen, why would they believe that the children of someone who is a citizen of another country and in this country illegally, a U.S. citizen?' — Ed Hi Ed, The answer lies in history, context and the fact that birthright citizenship isn't based on parental allegiance. At the time of the 14th Amendment in the late 1860s, Native American tribal citizens were understood to be an exception to the general rule of birthright citizenship. Their historical exclusion was due to their unique political status, which doesn't weaken the citizenship case for babies born to noncitizens in the U.S. today, whether those noncitizens are here legally or not. Let's go back to the text of the amendment and work from there. The citizenship clause says: 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' The 'subject to the jurisdiction thereof' language makes limited exceptions to birthright citizenship for people who aren't fully subject to U.S. law. That was mainly understood to exclude children of foreign diplomats, hostile occupying forces and members of Native American tribes. Because of the 1924 law you mentioned (the Indian Citizenship Act), plus the fact that we aren't occupied by hostile forces, that leaves today's exception essentially limited to diplomats' children. Tribal citizens were among those limited exceptions due to their special status, with tribes maintaining their sovereignty even while physically being within the United States. It's a complex relationship that doesn't compare to noncitizens who have no immunity from U.S. jurisdiction. So, if a citizen of another country is here illegally and has a child today, that child would be subject to U.S. jurisdiction, without the complexity historically raised by the relationship between tribal governments and the United States. The idiosyncratic case of tribal sovereignty and all it entails would therefore seem to be a separate historical issue that doesn't bear on the question of birthright citizenship for children of noncitizens today — at least not in a way that weakens the rights of the latter group. And even if we ignored the distinctive tribal context and history, which noncitizens don't share, the crux of the claim that noncitizens' children are less deserving of citizenship than the children of Native Americans is ultimately a parental allegiance argument. I explained last week why using parental allegiance as a standard is antithetical to the notion of birthright citizenship enshrined in the 14th Amendment. To the extent that the right can be viewed through an allegiance lens, it's relevant such that birth in the U.S. itself creates allegiance for the child, regardless of parentage. It's a level playing field, subject to limited exceptions. Of course, if the Supreme Court ultimately embraces parental allegiance, then all bets are off. But I'll point out again that administration lawyers don't seem confident that the court will side with them, or else they might have sought legal approval of Trump's executive order outright, rather than mounting a narrower procedural claim that doesn't require getting to the heart of the matter. Given that piecemeal litigation strategy and the fact that we're still awaiting a ruling on the procedural injunction issue, we may be far from learning what the justices think of your question. But the administration isn't rushing for an answer. Have any questions or comments for me? Please submit them on this form for a chance to be featured in the Deadline: Legal Blog and newsletter. This article was originally published on


Chicago Tribune
02-06-2025
- Politics
- Chicago Tribune
Today in History: Timothy McVeigh convicted
Today is Monday, June 2, the 153rd day of 2025. There are 212 days left in the year. Today in history: On June 2, 1997, Timothy McVeigh was convicted of murder by a federal jury in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, which killed 168 people. (McVeigh would be sentenced to death and was executed in 2001.) Also on this date: In 1886, 49-year-old President Grover Cleveland became the first president to get married in the White House, wedding 21-year-old Frances Folsom. In 1924, Congress passed, and President Calvin Coolidge signed, the Indian Citizenship Act, a measure guaranteeing full American citizenship for all Native Americans born within U.S. territorial limits. In 1941, baseball's 'Iron Horse,' Lou Gehrig, died in New York of the degenerative disease amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's disease; he was 37. In 1953, Queen Elizabeth II was crowned at age 27 at a ceremony in London's Westminster Abbey, 16 months after the death of her father, King George VI. In 1966, U.S. space probe Surveyor 1 landed on the moon and began transmitting detailed photographs of the lunar surface. In 1999, South Africans went to the polls in their second post-apartheid election, giving the African National Congress a decisive victory; retiring President Nelson Mandela was succeeded by Thabo Mbeki. In 2012, ousted Egyptian President Hosni Mubarak was sentenced to life in prison after a court convicted him on charges of complicity in the killing of protesters during the 2011 uprising that forced him from power (Mubarak was later acquitted and freed in March 2017; he died in February 2020). In 2016, autopsy results revealed that musician Prince died of an accidental overdose of fentanyl, a powerful opioid painkiller. Today's Birthdays: Actor Stacy Keach is 84. Filmmaker Lasse Hallström is 79. Actor Jerry Mathers is 77. Actor Joanna Gleason is 75. NHL Commissioner Gary Bettman is 73. Actor Dennis Haysbert is 71. Comedian Dana Carvey is 70. TV personality-producer Andy Cohen is 57. Actor-comedian Wayne Brady is 53. Actor Wentworth Miller is 53. Actor Zachary Quinto is 48. Actor Justin Long is 47. Actor Morena Baccarin is 46. Olympic soccer gold medalist Abby Wambach is 45. Actor-rapper Awkwafina is 37.
Yahoo
02-06-2025
- Politics
- Yahoo
On This Day, June 2: U.S. F-16 shot down over Bosnia O'Grady rescued
On this date in history: In 1865, the Civil War officially came to an end when Confederate Gen. Edmund Kirby Smith, commander of Confederate forces west of the Mississippi, signed the surrender terms offered by Union negotiators. In 1886, U.S. President Grover Cleveland, 49, married Frances Folsom, the 21-year-old daughter of his former law partner, in a White House ceremony. The bride became the youngest first lady in U.S. history. In 1924, President Calvin Coolidge signed the Indian Citizenship Act into law, extending citizenship to all Native Americans born within the United States and its territories. In 1946, in a national referendum, voters in Italy decided the country should become a republic rather than return to a monarchy. The results were officially announced three days later after votes were counted. In 1953, Queen Elizabeth II was crowned in London's Westminster Abbey by the Archbishop of Canterbury. A year earlier, upon receiving word of her father's death, the former Princess Elizabeth broke down and wept. In 1985, police near San Francisco arrested Leonard Lake, who, along with an accomplice, Charles Ng, were accused of between 11 to 25 murders. Lake killed himself in jail before he could go to trial. Ng was convicted in 11 homicides in 1999 and sentenced to death. In 1992, Arkansas Gov. Bill Clinton clinched the Democratic presidential nomination. In 1995, a U.S. F-16 fighter-jet was shot down by a Serb-launched missile while on patrol over Bosnia. The pilot, Air Force Capt. Scott O'Grady, ejected safely and landed behind Serb lines. He was rescued six days later. In 1997, a federal jury in Denver convicted Timothy McVeigh in the 1995 Oklahoma City bombing that killed 168 people. He was sentenced to death and executed June 11, 2001. In 2004, Ken Jennings won his first game on Jeopardy! It started a string that ended after a record 74 wins and more than $2.5 million in winnings. In 2010, a 52-year-old British taxi driver was accused of a shooting rampage in which 13 people were slain and 11 others injured before he killed himself. In 2014, Seattle's City Council approved a $15 hourly minimum wage -- the highest in the United States. In 2024, Mexicans elect former Mexico City Mayor Claudia Sheinbaum as their first female and first Jewish president.


Boston Globe
02-06-2025
- Politics
- Boston Globe
Today in History: June 2, Queen Elizabeth II crowned
In 1886, 49-year-old President Grover Cleveland became the first president to get married in the White House, wedding 21-year-old Frances Folsom. Advertisement In 1924, Congress passed, and President Calvin Coolidge signed, the Indian Citizenship Act, a measure guaranteeing full American citizenship for all Native Americans born within US territorial limits. In 1941, baseball's 'Iron Horse,' Lou Gehrig, died in New York of the degenerative disease amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's disease; he was 37. Advertisement In 1953, Queen Elizabeth II was crowned at age 27 at a ceremony in London's Westminster Abbey, 16 months after the death of her father, King George VI. In 1966, US space probe Surveyor 1 landed on the moon and began transmitting detailed photographs of the lunar surface. In 1997, Timothy McVeigh was convicted of murder by a federal jury in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, which killed 168 people. (McVeigh would be sentenced to death and was executed in 2001.) In 1999, South Africans went to the polls in their second post-apartheid election, giving the African National Congress a decisive victory; retiring President Nelson Mandela was succeeded by Thabo Mbeki. In 2012, ousted Egyptian President Hosni Mubarak was sentenced to life in prison after a court convicted him on charges of complicity in the killing of protesters during the 2011 uprising that forced him from power. (Mubarak was later acquitted and freed in March 2017; he died in February 2020). In 2016, autopsy results revealed that musician Prince died of an accidental overdose of fentanyl, a powerful opioid painkiller.


UPI
02-06-2025
- Politics
- UPI
On This Day, June 2: U.S. F-16 shot down over Bosnia O'Grady rescued
1 of 6 | Capt. Scott O'Grady gives a press conference on June 10, 1995, eight days after his F-16 Fighting Falcon was shot down over Bosnia. After six days of evasion, he was rescued by U.S. Marines from the 24th Marine Expeditionary Unit. File Photo by SRA Tana R. Hamilton/ U.S. National Archives On this date in history: In 1865, the Civil War officially came to an end when Confederate Gen. Edmund Kirby Smith, commander of Confederate forces west of the Mississippi, signed the surrender terms offered by Union negotiators. In 1886, U.S. President Grover Cleveland, 49, married Frances Folsom, the 21-year-old daughter of his former law partner, in a White House ceremony. The bride became the youngest first lady in U.S. history. In 1924, President Calvin Coolidge signed the Indian Citizenship Act into law, extending citizenship to all Native Americans born within the United States and its territories. In 1946, in a national referendum, voters in Italy decided the country should become a republic rather than return to a monarchy. The results were officially announced three days later after votes were counted. File Photo by Monika Graff/UPI In 1953, Queen Elizabeth II was crowned in London's Westminster Abbey by the Archbishop of Canterbury. A year earlier, upon receiving word of her father's death, the former Princess Elizabeth broke down and wept. In 1985, police near San Francisco arrested Leonard Lake, who, along with an accomplice, Charles Ng, were accused of between 11 to 25 murders. Lake killed himself in jail before he could go to trial. Ng was convicted in 11 homicides in 1999 and sentenced to death. In 1992, Arkansas Gov. Bill Clinton clinched the Democratic presidential nomination. In 1995, a U.S. F-16 fighter-jet was shot down by a Serb-launched missile while on patrol over Bosnia. The pilot, Air Force Capt. Scott O'Grady, ejected safely and landed behind Serb lines. He was rescued six days later. In 1997, a federal jury in Denver convicted Timothy McVeigh in the 1995 Oklahoma City bombing that killed 168 people. He was sentenced to death and executed June 11, 2001. In 2004, Ken Jennings won his first game on Jeopardy! It started a string that ended after a record 74 wins and more than $2.5 million in winnings. File Photo by Laura Cavanaugh/UPI In 2010, a 52-year-old British taxi driver was accused of a shooting rampage in which 13 people were slain and 11 others injured before he killed himself. In 2014, Seattle's City Council approved a $15 hourly minimum wage -- the highest in the United States. In 2024, Mexicans elect former Mexico City Mayor Claudia Sheinbaum as their first female and first Jewish president. File Photo by Mario Guzman/EPA-EFE