TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P30

Gale Encyclopedia of American Law Volume 13 P30 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 276 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD place of birth. At the Declaration of Independence and ever since the received general doctorine has been in conformity with the common law that free persons born within either of the colonies were subjects of the King that by the Declaration of Independence and the consequent acquisition of sovereignty by the several States all such persons ceased to be subjects and became citizens of the several States except so far as some of them were disfranchised by the legislative power of the States or availed themselves seasonably of the right to adhere to the British Crown in the civil contest and thus to continue British subjects. McIvaine v. Coxe s Lessee 4 Cranch 209 Inglis v. Sailors Snug Harbor 3 Pet. p. 99 Shanks v. Dupont Ibid p. 242. The Constitution having recognized the rule that persons born within the several States one of four things must be true First. That the Constitution itself has described what native-born persons shall or shall not be citizens of the United States or Second. That it has empowered Congress to do so or Third. That all free persons born within the several States are citizens of the United States or Fourth. That it is left to each State to determine what free persons born within its limits shall be citizens of such State and thereby be citizens of the United States. If there be such a thing as citizenship of the United States acquired by birth within the States which the Constitution expressly recognizes and no one denies then these four alternatives embrace the entire subject and it only remains to select that one which is true. That the Constitution itself has defined citizenship of the United States by declaring what persons born within the several States shall or shall not be pretended. It contains no such declaration. We may dismiss the first alternative as without doubt unfounded. Has it empowered Congress to enact what free persons born within the several States shall

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