Supreme Court

Running head : United States v . Wong Kim Ark

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United States v . Wong Kim Ark

The supreme courts ruling on the United States v . Wong Kim Ark case was eminently incorrect . According to the courts majority opinion , the fourteenth amendment allowed a child born of foreign parents in the Untied States who have permanent domicile and residence and carrying out business in the American nation to become citizens of the United States (Hall , Patrick Annenberg Foundation Trust at Sunnylands , 2006 . By citing the English

common law tradition , the court asserted that such an opinion was only exceptional when dealing with children born in America by parents holding foreign diplomatic offices or by enemy forces occupying United States territory with hostility . This essay seeks to argue against the Supreme Court ruling in this particular case

During the case ruling , the majority ruling based its argument on the provisions of the English common law which was negated after the declaration of independence in the United States (Touro Law Center 2010 . Unlike the provisions of the English common law , the United States laws allowed an individual the right of expatriation (Hall Patrick Annenberg Foundation Trust at Sunnylands , 2006 . By allowing citizenship simply based on birthplace , the courts decision made that even those children born in the American nation by foreign visitors are to be subject to full citizenship rights . Such could contradict the constitutional provisions by denying those born of United States citizens their political while allowing children of...