New Books in Law

Brendan A. Shanahan, "Disparate Regimes: Nativist Politics, Alienage Law, and Citizenship Rights in the United States, 1865-1965" (Oxford UP, 2025)

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Sep 1, 2025
Brendan A. Shanahan, a Yale University lecturer specializing in U.S. and Canadian history, delves into the intricate relationship between nativist politics and citizenship rights from 1865 to 1965. He reveals how state laws shaped voting rights and political representation for non-citizens, particularly in the face of nativist opposition. Shanahan also discusses the ramifications of the 1907 Expatriation Act on women's citizenship and how historical immigration laws intertwine with modern issues of inclusion and rights, underscoring their lasting impact on today's political landscape.
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INSIGHT

State Politics Made Citizenship Fragmented

  • Brendan Shanahan argues state politics shaped immigrant rights more than federal law from 1865–1965.
  • He shows state-level nativist laws created ‘‘disparate regimes’’ of citizen-only rights across states.
INSIGHT

Prewar Voting Varied By State And Region

  • Before the Civil War voting rules varied widely by state, with property and tax tests key early on.
  • Region mattered: Northeast became restrictive while Upper Midwest enfranchised many non-citizen white men.
INSIGHT

Reconstruction Changed Law But Not Everything

  • The Civil War rewrote federal constitutional law but states largely grafted earlier non-citizen practices onto the new amendments.
  • The 14th Amendment's compromise tied representation to citizen male voters while keeping room for state diversity.
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