2 Analyses of this case by attorneys

  1. Two Classes of U.S. Citizens

    MICHAEL OKANENovember 9, 2015

    You could lose your citizenship by making a declaration of loyalty to another state, serving in its military or voting in an election. But in that year, the U.S. Supreme Court decided Afroyim v. Rusk, 387 U.S. 253, which held that there are two classes of citizens: one class, like President Obama, holds citizenship by and under the authority of the Constitution. The other, like Senator McCain, holds citizenship through a mere statutory grant.Afroyim traveled to Israel and voted in an election.

  2. Birthright Citizenship is Historic and Fundamental in the United States

    John HansenSeptember 29, 2015

    Indeed, this argument runs counter to those who would deport all undocumented aliens. The government would not have the power to arrest and deport such persons, if the government did not have jurisdiction over them.More recent Supreme Court decisions that have relied on the 14th Amendment and the Wong Kim Ark decision to resolve other issues relating to person of foreign descent who were citizens of the United States.In Afroyim v. Rusk, 387 U.S. 253 (1967), the Court had to decide whether a naturalized U.S. citizens who voted in an election of his native country forfeited his U.S. citizenship. Notwithstanding an act of Congress to that effect, the Court held that the petitioner did not lose his U.S. citizenship by voting in a foreign election.