The First Articles, Constitution, and Acts in the Long Road to Citizenship, Naturalization, and Immigration Law
When the United States first became a nation, they were ruled by the Articles of Confederation, passed by the 13 colonies in 1781. In Article IV the smallest nod is given to citizenship in the new document. Foremost, the desire is to "perpetuate mutual friendship and intercourse among the people of the different states of the union." This makes me smile as it sounds so simple. Thirteen differing colonies, different beginnings, different goals. The article allows free ingress and egress among states and states that everyone should have the right to trade and commerce--except paupers, vagabonds, and fugitives, for whom"justice [is] excepted." Property is an issue too--because property really means human beings. This nascent document intended to protect almost everyone.
It only took a few years to realize the Articles of Confederation were inadequate to sustain such an endeavor. Though laws and taxes were declared, the new government had no means of enforcement. They needed more power. And so it was granted, liberally and ambiguously, in some cases to the federal government. Still, very little was mentioned concerning citizenship, immigration, and naturalization. Certainly to hold a government office required citizenship, and the founders thought it a good idea the president always should be a natural born president, but citizenship is never defined and the "Privileges and Immunities," granted are rather open ended too.
In 1790, the first codified ideas came to be in the Naturalization Act of 1790. It allowed (again) almost everyone the right to citizenship as long as the alien was a "free white person." Slave complications again, but the meaning is clear. The would be citizen had to have lived in the US for two years and demonstrated that HE was a person of good character. After taking the oath prescribed by law, the person, including his children under the age of 21 became citizens. Voila!
1798 takes a darker turn when the French Revolution upends the government run by Louis the 16th. At the time, the US was heavily in debt with the French and this government turnover gave the US a chance to snivel out of their debt. "We owe money to the previous government! We don't recognize your revolutionary government!" They proclaimed. As expected, it didn't go over so well, and French ships started attacking American ships in the West Indies, seizing their cargo to pay that debt the French had no intention of dismissing just because a few heads had rolled off the guillotine.
I'm not sure how they resolved the debt, but the Act Concerning Aliens of 1798 gave the US president extraordinary power to expel troublemakers who might side with the French. The act was reworked over the years, but pretty much became a part of American war law and its what in part gave Roosevelt his powers to toss out the suspicious Germans and Italians during WWII and intern over 100,000 Japanese.
There's some modern day references to current presidents still enacting the power of this ancient act. In case of dire threat from those whose intentions are to overrun our country, it's certainly needed, but like all codified ideas and needs of a nation, they continually need to be reviewed--the very reason the constitution has amendments and Congress has the power to legislate new law, and the executive branch has the power and obligation to enforce these laws.
It only took a few years to realize the Articles of Confederation were inadequate to sustain such an endeavor. Though laws and taxes were declared, the new government had no means of enforcement. They needed more power. And so it was granted, liberally and ambiguously, in some cases to the federal government. Still, very little was mentioned concerning citizenship, immigration, and naturalization. Certainly to hold a government office required citizenship, and the founders thought it a good idea the president always should be a natural born president, but citizenship is never defined and the "Privileges and Immunities," granted are rather open ended too.
In 1790, the first codified ideas came to be in the Naturalization Act of 1790. It allowed (again) almost everyone the right to citizenship as long as the alien was a "free white person." Slave complications again, but the meaning is clear. The would be citizen had to have lived in the US for two years and demonstrated that HE was a person of good character. After taking the oath prescribed by law, the person, including his children under the age of 21 became citizens. Voila!
1798 takes a darker turn when the French Revolution upends the government run by Louis the 16th. At the time, the US was heavily in debt with the French and this government turnover gave the US a chance to snivel out of their debt. "We owe money to the previous government! We don't recognize your revolutionary government!" They proclaimed. As expected, it didn't go over so well, and French ships started attacking American ships in the West Indies, seizing their cargo to pay that debt the French had no intention of dismissing just because a few heads had rolled off the guillotine.
I'm not sure how they resolved the debt, but the Act Concerning Aliens of 1798 gave the US president extraordinary power to expel troublemakers who might side with the French. The act was reworked over the years, but pretty much became a part of American war law and its what in part gave Roosevelt his powers to toss out the suspicious Germans and Italians during WWII and intern over 100,000 Japanese.
There's some modern day references to current presidents still enacting the power of this ancient act. In case of dire threat from those whose intentions are to overrun our country, it's certainly needed, but like all codified ideas and needs of a nation, they continually need to be reviewed--the very reason the constitution has amendments and Congress has the power to legislate new law, and the executive branch has the power and obligation to enforce these laws.
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