

Carol Nackenoff and Julie Novkov, "American by Birth: Wong Kim Ark and the Battle for Citizenship" (UP of Kansas, 2021)
Jul 20, 2025
Carol Nackenoff and Julie Novkov dive into the life of Wong Kim Ark, whose Supreme Court case set the precedent for birthright citizenship in the U.S. They explore the historical context of citizenship laws, particularly in relation to race and gender disparities. The duo discusses the challenges faced by Chinese immigrants in the 19th century, illustrating their legal struggles and societal discrimination. Finally, they connect Wong's legacy to contemporary debates around citizenship, revealing the ongoing vulnerabilities faced by marginalized groups today.
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Wong Kim Ark As Foundational Precedent
- Wong Kim Ark v. United States (1898) affirmed that the 14th Amendment grants birthright citizenship to children born in the U.S. of immigrant parents.
- The ruling remains a foundational precedent shaping who counts as American by birth.
Dual Roots Of U.S. Citizenship
- Birthright citizenship in U.S. law traces to English common law like Calvin's Case and was applied broadly early on.
- Racial exclusions complicated that principle for Native Americans, enslaved people, and free Black persons.
Naturalization Vs. Birthright Paths
- Congress controlled naturalization and initially limited it to white persons through statute.
- Courts developed birthright citizenship doctrine separately and sometimes more inclusively than Congress.