- Three Models of Citizenship
- The Canadian Indian Free Passage Right
Abstract: This conference paper, focusing on the citizenship debate in the U.S., elaborates three distinctive models of citizenship, which I call nationalistic, human rights, and Marshallian (after sociologist T. H. Marshall's seminal essay). I analyze each model along three normative dimensions: justification, territoriality, and entitlements. The nationalistic model is justified by a theory of mutual democratic consent and emphasizes bounded territoriality as the main basis for membership. A liberal, highly individualistic polity like the U.S. takes a decidedly ambivalent view of entitlements. On the one hand, they are part of the quid pro quo, the social contract on which consensual membership rests, at least in contemporary society. Download and read the article yourselves at ssrn.com
"The Canadian Indian Free Passage Right: The Last Stronghold of Explicit Race Restriction in United States Immigration Law" North Dakota Law Review PAUL SPRUHAN (Navajo Nation Supreme Court) Abstract: The paper discusses the little-known provision of the Immigration and Nationality Act that allows Canadian Indians of 50% or more of the "blood of the American Indian race" to cross the United States-Canada border free of visa and other immigration requirements. Through archival documents, the paper traces the origins of the right through the 1794 Jay Treaty between the United States and Great Britain to a statute passed by Congress in 1928. The paper discusses the interpretation of the 1928 statute by the Immigration and Naturalization Service, which first applied a political definition of the term "Indian" based on Canadian law, then shifted to a racial definition based on American naturalization law. Download and read the article yourselves at ssrn.com
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