The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
"(7) a person born outside the geographical limits of the United States
and its outlying possessions of parents one of whom is an alien, and the
other a citizen of the United States who, prior to the birth of such
person, was physically present in the United States or its outlying
possessions for a period or periods totaling not less than ten years, at
least five of which were after attaining the age of fourteen years:
_Provided_, That any periods of honorable service in the Armed Forces of
the United States by such citizen parent may be included in computing
the physical presence requirements of this paragraph."[1047] By the same
act, "persons born in the Canal Zone and Panama after February 26, 1904,
one or both of whose parents were at the time of birth of such person
citizens of the United States, are declared to be citizens of the United
States; as likewise are of certain categories of persons born in Puerto
Rico, Alaska, Hawaii, the Virgin Islands and Guam on or after certain
stated dates."[1048]
WHO ARE ELIGIBLE FOR NATURALIZATION
Naturalization is a privilege to be given, qualified, or withheld as
Congress may determine, which an alien may claim only upon compliance
with the terms which Congress imposes. Earlier the privilege was
confined to white persons and persons of African descent, but was
extended by the Act of December 17, 1943, to descendants of races
indigenous to the Western Hemisphere and Chinese persons or persons of
Chinese descent;[1049] and by the Act of June 27, 1952, "the rights of a
person to become a naturalized citizen of the United States shall not be
denied or abridged because of race or sex or because the person is
married."[1050] But, any person "who advocates or teaches or who is a
member of or affiliated with any organization that advocates or teaches
* * *" opposition to all organized government, or "who advocates or
teaches or who is a member of or affiliated with any organization that
advocates or teaches the overthrow by force or violence or other
unconstitutional means of the Government of the United States" may not
be naturalized as a citizen of the United States.[1051] These
restrictive provisions are, moreover, "applicable to any applicant for
naturalization who at any time within a period of ten years immediately
preceding the filing of the petition for naturalization or after such
filing and before taking the final oath of citizenship is, or has been
found to be within any of the classes enumerated within this section,
notwithstanding that at the time the petition is filed he may not be
included within such classes."[1052]
THE PROCEDURE OF NATURALIZATION
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