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March 8, 2014 |
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United States v. Wong Kim Ark, ussc|169|649|1898, was a United States Supreme Court decision that set important precedent about what determines citizenship. Wong Kim Ark was born in 1873 in San Francisco, California. He worked as a laborer. His parents were immigrants from China, and were not United States citizens. In late 1889, when Wong Kim Ark was about seventeen years old, he went to China on a temporary visit. When he returned in July 1890, he was permitted to enter the United States, upon the sole ground that he was a native-born citizen of the United States. In 1894, when he was about twenty-one years old, he again went to China on a temporary visit. When he returned in August 1895, he was denied permission to enter the country. The denial was based solely on the ground that he was not a citizen of the United States. Congress had enacted a law, known as the Chinese Exclusion Act (United States)|Chinese Exclusion Act, prohibiting persons of the Chinese race, and especially Chinese laborers, from coming into the United States. However, the Fourteenth Amendment to the United States Constitution|Fourteenth Amendment of the United States Constitution defined citizenship: 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 Court was called upon to decide whether the exclusion of an American-born person within the category described in the Act could consitutionally be excluded from the country. The Supreme Court ruled in a 6-2 decision that the government could not deny citizenship to anyone born in the United States. The case was controversial, because the long history of England|English common law had held that citizenship was not determined by place of birth, but by parental citizenship. In a dissent written by Melville Fuller and joined by John Marshall Harlan|John Harlan, he writes:
Category:U.S._immigration_history Category:Chinese American history Category:1898 in law Category:United States Supreme Court cases Category:United States Thirteenth Amendment case law Category:United States Fourteenth Amendment case law Category:United States Fifteenth Amendment case law This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "United States v. Wong Kim Ark".
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