133k views
5 votes
Explain why the United States' application of the rule of jus soli is unique among the world's nations?

User MartinM
by
8.5k points

1 Answer

5 votes

Final answer:

The U.S. is unique with its jus soli policy in that it grants citizenship to anyone born on U.S. soil, regardless of parental citizenship, which differs from the practices of many countries that require a citizen parent. This practice was affirmed by the U.S. Supreme Court decision in the United States v. Wong Kim Ark case.

Step-by-step explanation:

Explain why the United States' application of the rule of jus soli is unique among the world's nations? The United States' application of jus soli, or 'law of the soil,' as codified in the Fourteenth Amendment, is unique because it grants citizenship to any child born within its territories, irrespective of the parents' citizenship. This concept is based on the idea that being born on U.S. soil automatically bestows upon the individual the rights and privileges of citizenship. This practice differs from many other nations, which may require at least one parent to be a citizen, a principle known as jus sanguinis or 'law of the blood,' or have other restrictive policies around citizenship by birthplace.

In the landmark case, United States v. Wong Kim Ark, the Supreme Court ruled that the government cannot deny citizenship to anyone born in the United States, solidifying the practice of jus soli. Children born to foreign diplomats are the exception to this rule, as they are not considered 'subject to the jurisdiction of the United States,' according to the Amendment. Additionally, Congress has also extended this principle to U.S. territories, reinforcing the breadth of this policy.

User Luis Vazquez
by
8.4k points