185k views
2 votes
In a minimum of three to five sentences, (a) define jus soli and jus sanguinis and (b) explain how each applies in the United States?

User Cathy
by
7.1k points

1 Answer

4 votes

Final answer:

Jus soli grants citizenship based on birthplace, which in the U.S. is guaranteed by the Fourteenth Amendment, making anyone born on U.S. soil a citizen. Jus sanguinis allows a person to inherit citizenship from their parents, which the U.S. recognizes alongside jus soli.

Step-by-step explanation:

(a) Jus soli, a Latin term meaning "law of the soil", grants citizenship to anyone born within the territory of the granting state. In the United States, this concept is enshrined in the Fourteenth Amendment, which ensures that any child born in U.S. territory is a U.S. citizen, regardless of the citizenship status of the parents. The only exception is for children of foreign diplomats, as they are not considered subject to U.S. jurisdiction.

(b) Jus sanguinis, or "law of the blood", means that a person's nationality or citizenship is not determined by the place of birth but through the nationality or citizenship of his or her parents. In the United States, this principle allows a child to inherit citizenship from U.S. citizen parents irrespective of where the child is born. The application of jus sanguinis can be observed in cases such as United States v. Wong Kim Ark, where the Supreme Court ruled that the government cannot deny citizenship to anyone born on U.S. soil, which includes children of parents who are not U.S. citizens.

User DaGaMs
by
7.8k points