Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
Unfortunately, however, international law has one great weakness which
national law does not have. National law has what the lawyers call a
sanction; that is to say, a penalty is prescribed for its violation, and
courts are established for punishing those who violate its rules. But in
the case of international law there is as yet no machinery for bringing
to the bar of justice and inflicting punishment upon a nation which
violates its international duties and obligations, except as the League
of Nations may succeed in performing this function. The only punishment
which has often followed such an act is the reprobation of public
opinion, which unhappily, as the World War has demonstrated, is not a
sufficient deterrent in the case of nations which regard lightly their
obligations of honor and good faith. Thinking men the world over realize
how important it is to make international law more effective, to compel
nations by force or otherwise to observe their international
obligations, and to prevent war, the world's greatest curse.
=References.=--ASHLEY, The American Federal State, ch. xxix; also pp.
212-217. BEARD, American Government and Politics, pp. 160-163.
FULLER, Government by the People, ch. ii. GARNER, Introduction to
Political Science, ch. xi. HART, Actual Government, chs. ii-iv.
HINSDALE, The American Government, ch. liv.
=Documentary and Illustrative Material.=--1. Copy of the federal
citizenship law of 1907. 2. Copy of the naturalization act of 1906.
3. Copies of naturalization blanks and of naturalization
regulations (these may be secured from the bureau of immigration
and naturalization). 4. Copy of an application for a passport (this
may be secured from the department of state). 5. Copy of a
passport.
RESEARCH QUESTIONS
1. What is a citizen? Distinguish between native-born and naturalized
citizens; between citizens and electors.
2. Is the citizenship of a child determined by the law of the place
where it is born or by the law of the place of which the parents are
citizens? Distinguish between the English and American practice in this
respect, on the one hand, and the continental European practice on the
other.
3. What would be the citizenship of a child born in the United States if
the father were the ambassador of a foreign country, temporarily
residing here? What would be the citizenship of a child born of American
parents on the high seas? of a child born abroad of American parents? of
a child born in the United States if the father were a foreign consul
here?
4. A child born in the United States of French parents would be a
citizen of the United States under our law; it would also be a citizen
of France, according to French law. Which citizenship would prevail?
5. Do you think our law should admit persons of African descent to
become citizens and yet deny the right to Japanese, Chinese, and natives
of India?
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