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- Title
Straining Territorial Incorporation: Unintended Consequences from Judicially Extending Constitutional Citizenship.
- Authors
KANE, RILEY EDWARD
- Abstract
The article examines the doctrine of territorial incorporation and the unintended consequences from judicially extending constitutional citizenship in the U.S. Topics discussed are validity of the Insular Cases while shifting to protect local culture, status of territorial citizenship, the jus solis argument, right to citizenship as a means that binds the Union as demonstrated in Fitisemanu v. U.S. and as an extension of the 14th Amendment, and association as an alternative to the status quo.
- Subjects
INCORPORATION doctrine; UNITED States citizenship; NON-self-governing territories; LOCAL culture; UNITED States territories &; possessions; INSULAR possessions of the United States; UNITED States. Constitution. 14th Amendment
- Publication
Ohio State Law Journal, 2019, Vol 80, Issue 6, p1229
- ISSN
0048-1572
- Publication type
Article