Universal citizenship and the problem of alienage

Northwestern University Law Review

Volumn 94, Issue 3, 2000, Pages 963-981

  Bosniak, Linda ^a  

^a NONE

Author keywords

[No Author keywords available]

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EID: 0001011438     PISSN: 00293571     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (119)

1. Will Kymlicka & Wayne Norman, Return of the Citizen: A Survey of Recent Work on Citizenship Theory, 104 ETHICS 352 (1994).
2. Id. at 353 n.3.
3. Proposition 187 was a ballot initiative passed by California voters in 1994 which sought to deny health care, education, and other public services to undocumented immigrants and to require social service providers to report to law enforcement authorities any service user they suspected of having un-documented status. The initiative's provisions were codified at CAL. CODE § 48215(a) (West 1995). Most provisions of the initiative were invalidated by a federal district court on constitutional grounds. In 1999, after a change of governor and a federal-court-directed mediation process, the state of California dropped its appeal of that decision.
4. Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (1996), amended by Pub. L. No. 104-302, 110 Stat. 3656 (1996).
5. Among other things, Congress passed legislation in 1996 drastically expanding the categories of persons who are statutorily ineligible for naturalization by virtue of past criminal offenses. See Anti-Terrorism and Effective Death Penalty Act of 1996, 18 U.S.C. § 1 et seq. (1996); Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009-546 (1984).
6. See generally Dorothy E. Roberts, Who May Give Birth To Citizens? Reproduction, Eugenics, and Immigration, in IMMIGRANTS OUT! THE NEW NATIVISM AND THE ANTI-IMMIGRANT IMPULSE IN THE UNITED STATES 205 (Juan F. Perea ed., 1997) (describing recent efforts to restrict birthright citizenship).
7. The literature on these subjects is vast. For a source that comprehensively addresses these issues and cites to recent scholarship in the field, see THOMAS ALEXANDER ALEINlKOFF ET AL., IMMIGRATION AND CITIZENSHIP: PROCESS AND POLICY (4th ed. 1998).
8. SEE, E.G., RAINER BAUBÖCK, TRANSNATIONAL CITIZENSHIP: MEMBERSHIP AND RIGHTS IN INTERNATIONAL MIGRATION (1994); DAVID JACOBSON, RIGHTS ACROSS BORDERS: IMMIGRATION AND THE DECLINE OF CITIZENSHIP (1996); SASKIA SASSEN, LOSING CONTROL? SOVEREIGNTY IN AN AGE OF GLOBALIZATION (1996); YASEMIN NUHOG̈LU SOYSAL, LIMITS OF CITIZENSHIP: MIGRANTS AND POSTNATIONAL MEMBERSHIP IN EUROPE (1994).
9. SEE, E.G., RAINER BAUBÖCK, TRANSNATIONAL CITIZENSHIP: MEMBERSHIP AND RIGHTS IN INTERNATIONAL MIGRATION (1994); DAVID JACOBSON, RIGHTS ACROSS BORDERS: IMMIGRATION AND THE DECLINE OF CITIZENSHIP (1996); SASKIA SASSEN, LOSING CONTROL? SOVEREIGNTY IN AN AGE OF GLOBALIZATION (1996); YASEMIN NUHOG̈LU SOYSAL, LIMITS OF CITIZENSHIP: MIGRANTS AND POSTNATIONAL MEMBERSHIP IN EUROPE (1994).
10. SEE, E.G., RAINER BAUBÖCK, TRANSNATIONAL CITIZENSHIP: MEMBERSHIP AND RIGHTS IN INTERNATIONAL MIGRATION (1994); DAVID JACOBSON, RIGHTS ACROSS BORDERS: IMMIGRATION AND THE DECLINE OF CITIZENSHIP (1996); SASKIA SASSEN, LOSING CONTROL? SOVEREIGNTY IN AN AGE OF GLOBALIZATION (1996); YASEMIN NUHOG̈LU SOYSAL, LIMITS OF CITIZENSHIP: MIGRANTS AND POSTNATIONAL MEMBERSHIP IN EUROPE (1994).
11. SEE, E.G., RAINER BAUBÖCK, TRANSNATIONAL CITIZENSHIP: MEMBERSHIP AND RIGHTS IN INTERNATIONAL MIGRATION (1994); DAVID JACOBSON, RIGHTS ACROSS BORDERS: IMMIGRATION AND THE DECLINE OF CITIZENSHIP (1996); SASKIA SASSEN, LOSING CONTROL? SOVEREIGNTY IN AN AGE OF GLOBALIZATION (1996); YASEMIN NUHOG̈LU SOYSAL, LIMITS OF CITIZENSHIP: MIGRANTS AND POSTNATIONAL MEMBERSHIP IN EUROPE (1994).
12. Two principal exceptions among European theorists are Rainer Baubock and Veit Bader. See BAUBÖCK, supra note 8; Veit Bader, The Cultural Conditions of Transnational Citizenship: On the Interpenetration of Political and Ethnic Cultures, 25 POLIT. THEORY 771 (1997).
13. Two principal exceptions among European theorists are Rainer Baubock and Veit Bader. See BAUBÖCK, supra note 8; Veit Bader, The Cultural Conditions of Transnational Citizenship: On the Interpenetration of Political and Ethnic Cultures, 25 POLIT. THEORY 771 (1997).
14. See KENNETH L. KARST, BELONGING TO AMERICA: EQUAL CITIZENSHIP AND THE CONSTITUTION (1989); JUDITH N. SHKLAR, AMERICAN CITIZENSHIP: THE QUEST FOR INCLUSION (1991); ROGERS M. SMITH, CIVIC IDEALS: CONFLICTING VISIONS OF CITIZENSHIP IN U.S. HISTORY (1997).
15. See KENNETH L. KARST, BELONGING TO AMERICA: EQUAL CITIZENSHIP AND THE CONSTITUTION (1989); JUDITH N. SHKLAR, AMERICAN CITIZENSHIP: THE QUEST FOR INCLUSION (1991); ROGERS M. SMITH, CIVIC IDEALS: CONFLICTING VISIONS OF CITIZENSHIP IN U.S. HISTORY (1997).
16. See KENNETH L. KARST, BELONGING TO AMERICA: EQUAL CITIZENSHIP AND THE CONSTITUTION (1989); JUDITH N. SHKLAR, AMERICAN CITIZENSHIP: THE QUEST FOR INCLUSION (1991); ROGERS M. SMITH, CIVIC IDEALS: CONFLICTING VISIONS OF CITIZENSHIP IN U.S. HISTORY (1997).
17. Others have made this point. See, e.g., W. ROGERS BRUBAKER, CITIZENSHIP AND NATIONHOOD IN FRANCE AND GERMANY 22 (1992); MICHAEL WALZER, SPHERES OF JUSTICE: A DEFENSE OF PLURALISM AND EQUALITY 31-35 (1983).
18. Others have made this point. See, e.g., W. ROGERS BRUBAKER, CITIZENSHIP AND NATIONHOOD IN FRANCE AND GERMANY 22 (1992); MICHAEL WALZER, SPHERES OF JUSTICE: A DEFENSE OF PLURALISM AND EQUALITY 31-35 (1983).
19. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
20. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
21. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
22. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
23. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
24. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
25. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
26. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
27. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
28. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
29. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
30. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
31. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
32. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
33. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
34. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
35. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
36. As just one indicator of the trend, several edited volumes have been published on the subject of citizenship in the past few years. See, e.g., CITIES AND CITIZENSHIP (James Holston ed., 1999); CITIZENSHIP (Geoff Andrews ed., 1991); THE CONDITION OF CITIZENSHIP (Bart van Steenbergen ed., 1994); COSMOPOLITAN CITIZENSHIP (Kimberly Hutchings & Roland Dannreuther eds., 1999); DIMENSIONS OF RADICAL DEMOCRACY: PLURALISM, CITIZENSHIP, COMMUNITY (Chantal Mouffe ed., 1992); DIVERSITY AND CITIZENSHIP (Gary Jeffrey Jacobsohn & Susan Dunn eds., 1996); THE FRONTIERS OF CITIZENSHIP (Ursula Vogel & Michael Moran eds., 1991); THEORIZING CITIZENSHIP (Ronald Beiner ed., 1995). A new journal has been launched devoted entirely to the study of citizenship, appropriately entitled Citizenship Studies. Articles on citizenship appear with great frequency in a range of journals devoted to political and social thought, as well as in the law reviews, and in the past few years, there has been a profusion of books published on the subject. See, e.g., ROBERTO ALEJANDRO, HERMENEUTICS, CITIZENSHIP, AND THE PUBLIC SPHERE (1993); BERNARD P. DAUNENHAUER, CITIZENSHIP IN A FRAGILE WORLD (1996); DEREK HEATER, CITIZENSHIP: THE CIVIC IDEAL IN WORLD HISTORY, POLITICS AND EDUCATION (1990); KARST, supra note 10; WILL KYMLICKA, MULTICULTURAL CITIZENSHIP: A LIBERAL THEORY OF MINORITY RIGHTS (1995); RUTH LISTER, CITIZENSHIP: FEMINIST PERSPECTIVES (1997); STEPHEN MACEDO, LIBERAL VIRTUES: CITIZENSHIP, VIRTUE, AND COMMUNITY IN LIBERAL CONSTITUTIONALISM (1990); ELIZABETH MEEHAN, CITIZENSHIP IN THE EUROPEAN COMMUNITY (1993); SHKLAR, supra note 10; SMITH, supra note 10.
37. T.H. MARSHALL, CITIZENSHIP & SOCIAL CLASS (1949).
38. See also Kymlicka & Norman, supra note 1, at 355.
39. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
40. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
41. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
42. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
43. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
44. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
45. See, e.g., BENJAMIN R. BARBER, STRONG DEMOCRACY: PARTICIPATORY POLITICS FOR A NEW AGE (1984); MICHAEL J. SANDEL, DEMOCRACY'S DISCONTENT: AMERICA IN SEARCH OF A PUBLIC PHILOSOPHY (1996); Mary G. Dietz, Context Is All: Feminism and Theories of Citizenship, 116 DAEDALUS 1 (1987); Frank Michelman, Law's Republic, 97 YALE L.J. 1493 (1988); Chantal Mouffe, Democratic Citizenship and the Political Community, in DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 225-39; Suzanna Sherry, Republican Citizenship in a Democratic Society, 66 TEX. L. REV. 1229 (1988) (reviewing AMY GUTMANN, DEMOCRATIC EDUCATION (1987)); Charles Taylor, Cross Purposes: The Liberal-Communitarian Debate, in LIBERALISM AND THE MORAL LIFE 159 (Nancy L. Rosenblum ed., 1989).
46. See, e.g., KYMLICKA, supra note 12; Bhikhu Parekh, British Citizenship and Cultural Difference, in CITIZENSHIP, supra note 12, at 183; Iris Marion Young, Polity and Group Difference: A Critique of the Ideal of Universal Citizenship, 99 ETHICS 250 (1989).
47. See, e.g., KYMLICKA, supra note 12; Bhikhu Parekh, British Citizenship and Cultural Difference, in CITIZENSHIP, supra note 12, at 183; Iris Marion Young, Polity and Group Difference: A Critique of the Ideal of Universal Citizenship, 99 ETHICS 250 (1989).
48. See, e.g., KYMLICKA, supra note 12; Bhikhu Parekh, British Citizenship and Cultural Difference, in CITIZENSHIP, supra note 12, at 183; Iris Marion Young, Polity and Group Difference: A Critique of the Ideal of Universal Citizenship, 99 ETHICS 250 (1989).
49. Young, supra note 16, at 250, 251. Cf. Joseph H. Carens, Dimensions of Citizenship and National Identity in Canada, 28 PHIL. FORUM 111 (1996-97) (describing "ideal of equal citizenship").
50. Young, supra note 16, at 250, 251. Cf. Joseph H. Carens, Dimensions of Citizenship and National Identity in Canada, 28 PHIL. FORUM 111 (1996-97) (describing "ideal of equal citizenship").
51. See, e.g., Nancy Fraser & Linda Gordon, Civil Citizenship Against Social Citizenship? On the Ideology of Contract-Versus-Charity, in THE CONDITION OF CITIZENSHIP, supra note 12, at 90-107; David Held, Between State and Civil Society: Citizenship, in CITIZENSHIP, supra note 12, at 19, 21-22. Marshall himself raised the question in Citizenship and Social Class: Is it . . . true that basic equality, when enriched in substance and embodied in the formal rights of citizenship, is consistent with the inequalities of social class? I shall suggest that our society today assumes that the two are still compatible, so much so that citizenship has itself become, in certain respects, the architect of legitimate social inequality. MARSHALL, supra note 13, at 9.
52. See, e.g., Nancy Fraser & Linda Gordon, Civil Citizenship Against Social Citizenship? On the Ideology of Contract-Versus-Charity, in THE CONDITION OF CITIZENSHIP, supra note 12, at 90-107; David Held, Between State and Civil Society: Citizenship, in CITIZENSHIP, supra note 12, at 19, 21-22. Marshall himself raised the question in Citizenship and Social Class: Is it . . . true that basic equality, when enriched in substance and embodied in the formal rights of citizenship, is consistent with the inequalities of social class? I shall suggest that our society today assumes that the two are still compatible, so much so that citizenship has itself become, in certain respects, the architect of legitimate social inequality. MARSHALL, supra note 13, at 9.
53. See, e.g., Nancy Fraser & Linda Gordon, Civil Citizenship Against Social Citizenship? On the Ideology of Contract-Versus-Charity, in THE CONDITION OF CITIZENSHIP, supra note 12, at 90-107; David Held, Between State and Civil Society: Citizenship, in CITIZENSHIP, supra note 12, at 19, 21-22. Marshall himself raised the question in Citizenship and Social Class: Is it . . . true that basic equality, when enriched in substance and embodied in the formal rights of citizenship, is consistent with the inequalities of social class? I shall suggest that our society today assumes that the two are still compatible, so much so that citizenship has itself become, in certain respects, the architect of legitimate social inequality. MARSHALL, supra note 13, at 9.
54. See, e.g., Young, supra note 16, at 257, 267-74.
55. MARSHALL, supra note 13, at 29 (emphasis added).
56. Michael Walzer, Citizenship, in POLITICAL INNOVATION AND CONCEPTUAL CHANGE 211, 217 (Terrence Ball et al. eds., 1989). Walzer continues: [A]t the same time, the numbers and range of "liberties" or entitlements also grows, and citizenship comes gradually to entail not only the protection of life and family but also the provision, in one or another degree, of education, health care, old age pensions and so on. Both these expansions are contested; both involve organization and struggle, and so citizenship as political participation, or 'ruling,' and citizenship as the receipt of benefits goes hand in hand. Id.
57. See KARST, supra note 10, at 3. Note that some scholars have urged that citizenship's expanding, inclusionary logic appropriately reaches beyond human society altogether. See, e.g., Bart van Steenbergen, Toward a Global Ecological Citizen, in THE CONDITION OF CITIZENSHIP, supra note 12, at 141 ("[E]cological citizenship . . . has to do with the extension of citizenship rights to non-human beings.").
58. See KARST, supra note 10, at 3. Note that some scholars have urged that citizenship's expanding, inclusionary logic appropriately reaches beyond human society altogether. See, e.g., Bart van Steenbergen, Toward a Global Ecological Citizen, in THE CONDITION OF CITIZENSHIP, supra note 12, at 141 ("[E]cological citizenship . . . has to do with the extension of citizenship rights to non-human beings.").
59. Young, supra note 16, at 250.
60. See SMITH, supra note 10. Smith describes "American citizenship laws" as "the statutes and judicial rulings that have defined what American citizenship was and who was eligible to possess it." Id. at 2. His concern is the forms of exclusion in citizenship law that have existed on the basis of race, ethnicity, gender, and religion. See id.
61. In the United States, at least, even gays and lesbians - while still suffering various important legal disabilities - may nevertheless not be denied the equal protection of the laws as a class. See Romer v. Evans, 517 U.S. 620 (1996).
62. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
63. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
64. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
65. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
66. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
67. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
68. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
69. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
70. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
71. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed.,
72. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
73. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
74. In political and social theory, see, for example, BAUBÖCK, supra note 8; IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA (W. Rogers Brubaker ed., 1989); SOYSAL, supra note 8; Veit Bader, Citizenship and Exclusion: Radical Democracy, Community and Justice. Or, What Is Wrong with Communitarianism, 23 POLIT. THEORY 211 (1995); Joseph H. Carens, Immigration and the Welfare State, in DEMOCRACY AND THE WELFARE STATE 261 (Amy Gutmann ed., 1988); Robert K. Fullinwider, Citizenship and Welfare, in DEMOCRACY AND THE WELFARE STATE, supra, at 261. In the law, see, for example, GERALD L. NEUMAN, STRANGERS TO THE CONSTITUTION: IMMIGRANTS, BORDERS AND FUNDAMENTAL LAW (1996); PETER H. SCHUCK, CITIZENS, STRANGERS AND IN-BETWEENS: ESSAYS ON IMMIGRATION AND CITIZENSHIP (1998); T. Alexander Aleinikoff, Aliens, Membership and the Constitution, 7 CONST. COMMENTARY 9 (1990); Linda S. Bosniak, Membership, Equality and the Difference that Alienage Makes, 69 N.Y.U. L. REV. 1149 (1994); Hiroshi Motomura, Alienage Classifications in a Nation of Immigrants: Three Models of Permanent Residence, in IMMIGRATION AND CITIZENSHIP IN THE TWENTY-FIRST CENTURY 199 (Noah M. J. Pickus ed., 1998); Kevin Johnson, Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement; 1993 BYU L. REV. 1139 (1993), Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49 (1995).
75. WALZER, supra note 11, at 52-63. For an extended critical analysis of Walzer's treatment of alienage, see Bosniak, supra note 26.
76. WALZER, supra note 11, at 52-63. For an extended critical analysis of Walzer's treatment of alienage, see Bosniak, supra note 26.
77. See KARST, supra note 10.
78. Joseph Carens also uses the language of "threshold" to refer to citizenship questions concerning legal status. Carens, supra note 17, at 114.
79. Rainer Bauböck usefully calls this aspect of citizenship "nominal citizenship," which he distinguishes from "substantial citizenship." According to Baubock, nominal citizenship refers to the legal status of membership in a nation-state, whereas substantial citizenship pertains to the rights and obligations associated with membership within the state. See BAUBOCK, supra note 8, at 23-31. Baubock's formulation usefully points to the inadequacy of a purely endogenous approach to citizenship, and makes clear that the domain of citizenship includes not merely relations among political community members, but also the constitution of community membership in the first instance. However, I cannot accept Baubock's characterization of nominal citizenship as simply entailing the formal classification of persons into groups of state membership, a sorting process which is "empty of any particular content." Id. at 23. In my view, citizenship-as-national-membership is necessarily associated with particularist, exclusionary commitments.
80. See WALZER, supra note 11, at 31-63. According to Walzer, a political community's membership determinations should be confined to decisions about admission and exclusion at the community's threshold. Once a person resides and works within the community, membership decisions should have no place in shaping the status of that individual; the exclusionary principles governing the membership sphere should remain separate from the equality- and personhood-based principles that characterize distributive spheres within the community.
81. See Bosniak, supra note 26, at 1068-1149 for a critical examination of this presumption.
82. There is, on the other hand, a small but growing group of political and legal theorists who have made restriction on access to community membership - and thus to citizenship - the direct object of their attention and concern. These theorists have recognized that given the enormous benefits associated with nation-state citizenship, a political theory that presumes restrictions on its access requires some normative justification. Their responses to this question generally follow liberal or communitarian outlines. The liberal response acknowledges the existence of a fundamental tension between the closure of national membership and liberal commitments to individual rights and freedom of association and opportunity. Liberals usually conclude, however, that national closure is the exception that makes the rule possible: national boundaries, however illiberal in themselves, serve as liberalism's enabling condition. This is what Bruce Ackerman had in mind when he wrote that a liberal national society may refuse outsiders access to membership to the extent (and only to the extent) necessary to safeguard the society's ongoing "liberal conversation." BRUCE ACKERMAN, SOCIAL JUSTICE IN THE LIBERAL STATE 88-95 (1980). As a practical matter, he and others have concluded - often with apparent regret - that the liberal conversation (and liberal institutions generally) will be endangered in the long run without the imposition of at least some barriers of access to national membership. See, e.g., Bader, supra note 26; Joseph H. Carens, Migration and Morality: A Liberal Egalitarian Perspective, in FREE MOVEMENT: ETHICAL ISSUES IN THE TRANSNATIONAL MIGRATION OF PEOPLE AND MONEY 25-47 (Brian Barry & Robert E. Goodin eds., 1992). The communitarian response, by contrast, is usually far less conflicted in its embrace of national boundaries. Such boundaries are characterized not merely as a necessary precondition for a working democracy, but also as intrinsically valuable. From this perspective, "the distinctiveness of cultures and groups depends upon closure." WALZER, supra note 11, at 39. Moreover, national culture, national identity, and the national collectivity constitute goods worth defending, and these are bounded goods necessarily.
83. There is, on the other hand, a small but growing group of political and legal theorists who have made restriction on access to community membership - and thus to citizenship - the direct object of their attention and concern. These theorists have recognized that given the enormous benefits associated with nation-state citizenship, a political theory that presumes restrictions on its access requires some normative justification. Their responses to this question generally follow liberal or communitarian outlines. The liberal response acknowledges the existence of a fundamental tension between the closure of national membership and liberal commitments to individual rights and freedom of association and opportunity. Liberals usually conclude, however, that national closure is the exception that makes the rule possible: national boundaries, however illiberal in themselves, serve as liberalism's enabling condition. This is what Bruce Ackerman had in mind when he wrote that a liberal national society may refuse outsiders access to membership to the extent (and only to the extent) necessary to safeguard the society's ongoing "liberal conversation." BRUCE ACKERMAN, SOCIAL JUSTICE IN THE LIBERAL STATE 88-95 (1980). As a practical matter, he and others have concluded - often with apparent regret - that the liberal conversation (and liberal institutions generally) will be endangered in the long run without the imposition of at least some barriers of access to national membership. See, e.g., Bader, supra note 26; Joseph H. Carens, Migration and Morality: A Liberal Egalitarian Perspective, in FREE MOVEMENT: ETHICAL ISSUES IN THE TRANSNATIONAL MIGRATION OF PEOPLE AND MONEY 25-47 (Brian Barry & Robert E. Goodin eds., 1992). The communitarian response, by contrast, is usually far less conflicted in its embrace of national boundaries. Such boundaries are characterized not merely as a necessary precondition for a working democracy, but also as intrinsically valuable. From this perspective, "the distinctiveness of cultures and groups depends upon closure." WALZER, supra note 11, at 39. Moreover, national culture, national identity, and the national collectivity constitute goods worth defending, and these are bounded goods necessarily.
84. There is, on the other hand, a small but growing group of political and legal theorists who have made restriction on access to community membership - and thus to citizenship - the direct object of their attention and concern. These theorists have recognized that given the enormous benefits associated with nation-state citizenship, a political theory that presumes restrictions on its access requires some normative justification. Their responses to this question generally follow liberal or communitarian outlines. The liberal response acknowledges the existence of a fundamental tension between the closure of national membership and liberal commitments to individual rights and freedom of association and opportunity. Liberals usually conclude, however, that national closure is the exception that makes the rule possible: national boundaries, however illiberal in themselves, serve as liberalism's enabling condition. This is what Bruce Ackerman had in mind when he wrote that a liberal national society may refuse outsiders access to membership to the extent (and only to the extent) necessary to safeguard the society's ongoing "liberal conversation." BRUCE ACKERMAN, SOCIAL JUSTICE IN THE LIBERAL STATE 88-95 (1980). As a practical matter, he and others have concluded - often with apparent regret - that the liberal conversation (and liberal institutions generally) will be endangered in the long run without the imposition of at least some barriers of access to national membership. See, e.g., Bader, supra note 26; Joseph H. Carens, Migration and Morality: A Liberal Egalitarian Perspective, in FREE MOVEMENT: ETHICAL ISSUES IN THE TRANSNATIONAL MIGRATION OF PEOPLE AND MONEY 25-47 (Brian Barry & Robert E. Goodin eds., 1992). The communitarian response, by contrast, is usually far less conflicted in its embrace of national boundaries. Such boundaries are characterized not merely as a necessary precondition for a working democracy, but also as intrinsically valuable. From this perspective, "the distinctiveness of cultures and groups depends upon closure." WALZER, supra note 11, at 39. Moreover, national culture, national identity, and the national collectivity constitute goods worth defending, and these are bounded goods necessarily.
85. There is, on the other hand, a small but growing group of political and legal theorists who have made restriction on access to community membership - and thus to citizenship - the direct object of their attention and concern. These theorists have recognized that given the enormous benefits associated with nation-state citizenship, a political theory that presumes restrictions on its access requires some normative justification. Their responses to this question generally follow liberal or communitarian outlines. The liberal response acknowledges the existence of a fundamental tension between the closure of national membership and liberal commitments to individual rights and freedom of association and opportunity. Liberals usually conclude, however, that national closure is the exception that makes the rule possible: national boundaries, however illiberal in themselves, serve as liberalism's enabling condition. This is what Bruce Ackerman had in mind when he wrote that a liberal national society may refuse outsiders access to membership to the extent (and only to the extent) necessary to safeguard the society's ongoing "liberal conversation." BRUCE ACKERMAN, SOCIAL JUSTICE IN THE LIBERAL STATE 88-95 (1980). As a practical matter, he and others have concluded - often with apparent regret - that the liberal conversation (and liberal institutions generally) will be endangered in the long run without the imposition of at least some barriers of access to national membership. See, e.g., Bader, supra note 26; Joseph H. Carens, Migration and Morality: A Liberal Egalitarian Perspective, in FREE MOVEMENT: ETHICAL ISSUES IN THE TRANSNATIONAL MIGRATION OF PEOPLE AND MONEY 25-47 (Brian Barry & Robert E. Goodin eds., 1992). The communitarian response, by contrast, is usually far less conflicted in its embrace of national boundaries. Such boundaries are characterized not merely as a necessary precondition for a working democracy, but also as intrinsically valuable. From this perspective, "the distinctiveness of cultures and groups depends upon closure." WALZER, supra note 11, at 39. Moreover, national culture, national identity, and the national collectivity constitute goods worth defending, and these are bounded goods necessarily.
86. One influential critique of rights has been developed by critical legal scholars, including some critical race scholars, who regard rights-talk as a mask for domination and exclusion. Quite apart from the question of whether this approach gives the political and rhetorical power of rights-talk short-shrift (for a powerful argument that it does, see, for example, PATRICIA WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS (1991)), my concern here is that this literature tends to presume that formal rights are available to all, with the perceived problem being that such rights are empty and meaningless in a fundamentally racist and otherwise unjust society. My argument is that the starting presumption of universal availability of formal rights is itself problematic and requires reconsideration.
87. See DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 227 (denigrating concern with citizenship as "mere legal status"); see also Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49, 53-54 (1995) (distinguishing between the concept of "good citizens," on the one hand, and "mere citizens," on the other).
88. See DIMENSIONS OF RADICAL DEMOCRACY, supra note 12, at 227 (denigrating concern with citizenship as "mere legal status"); see also Sanford Levinson, National Loyalty, Communalism, and the Professional Identity of Lawyers, 7 YALE J.L. & HUMAN. 49, 53-54 (1995) (distinguishing between the concept of "good citizens," on the one hand, and "mere citizens," on the other).
89. There are an estimated 25 million people currently residing who lack citizenship status in the United States today. Thus, the assertion by some that formal citizenship status is available to "everyone," see Young, supra note 16, at 250, is hardly a small oversight.
90. Several legal and political analysts have recently turned their attention to the citizen/alien divide. For a sampling of such treatments, see sources cited supra note 26.
91. See, e.g., IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 16-17; Herman R. van Gunsteren, Admission to Citizenship, 98 ETHICS 731, 737 (1988).
92. See, e.g., IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 16-17; Herman R. van Gunsteren, Admission to Citizenship, 98 ETHICS 731, 737 (1988).
93. WALZER, supra note 11, at 31-63.
94. It should be noted that under current United States law, the American-born children of all of these aliens (including children of undocumented aliens) will be automatically accorded American citizenship at birth. However, birthright citizenship is not available in all countries. Until earlier this year, for example, domestically-born children of aliens in Germany remained aliens themselves. Clearly, the problem of permanent alienage is of greater magnitude and greater concern in these latter circumstances. For a useful comparative overview of national policies pertaining to the acquisition of citizenship, see IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 99-127.
95. See IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 145-62.
96. See generally Bosniak, supra note 26.
97. See Peter Schuck, Membership in the Liberal Polity: The Devaluation of American Citizenship, 3 GEO. IMMIGR. L.J. 1 (1989).
98. Marshall characterizes the civil component of citizenship as entailing "the rights necessary for individual freedom," including freedoms of speech, faith, and movement, rights of contract and property, and access to equal justice. MARSHALL, supra note 13, at 10. He defines social citizenship, in turn to include the right to minimum economic welfare, including school and social services. See id. at 11. In contrast, political citizenship, which Marshall characterizes as "the right to participate in the exercise of political power" is currently denied aliens in the United States insofar as the right to vote in state and national elections is concerned. See id. Note, however, that aliens were entitled to vote in many states in nineteenth century America. For an examination of this history, see Jamin Ben Raskin, Legal Aliens, Local Citizens: The Historical, Constitutional and Theoretical Meanings of Alien Suffrage, 141 U. PA. L. REV. 1391 (1993). They are likewise eligible to vote in local elections in several European states, see Miller, Political Participation and Representation of Noncitizens, in IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 129, and in a handful of localities in this country. See Raskin, supra.
99. Marshall characterizes the civil component of citizenship as entailing "the rights necessary for individual freedom," including freedoms of speech, faith, and movement, rights of contract and property, and access to equal justice. MARSHALL, supra note 13, at 10. He defines social citizenship, in turn to include the right to minimum economic welfare, including school and social services. See id. at 11. In contrast, political citizenship, which Marshall characterizes as "the right to participate in the exercise of political power" is currently denied aliens in the United States insofar as the right to vote in state and national elections is concerned. See id. Note, however, that aliens were entitled to vote in many states in nineteenth century America. For an examination of this history, see Jamin Ben Raskin, Legal Aliens, Local Citizens: The Historical, Constitutional and Theoretical Meanings of Alien Suffrage, 141 U. PA. L. REV. 1391 (1993). They are likewise eligible to vote in local elections in several European states, see Miller, Political Participation and Representation of Noncitizens, in IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 129, and in a handful of localities in this country. See Raskin, supra.
100. Marshall characterizes the civil component of citizenship as entailing "the rights necessary for individual freedom," including freedoms of speech, faith, and movement, rights of contract and property, and access to equal justice. MARSHALL, supra note 13, at 10. He defines social citizenship, in turn to include the right to minimum economic welfare, including school and social services. See id. at 11. In contrast, political citizenship, which Marshall characterizes as "the right to participate in the exercise of political power" is currently denied aliens in the United States insofar as the right to vote in state and national elections is concerned. See id. Note, however, that aliens were entitled to vote in many states in nineteenth century America. For an examination of this history, see Jamin Ben Raskin, Legal Aliens, Local Citizens: The Historical, Constitutional and Theoretical Meanings of Alien Suffrage, 141 U. PA. L. REV. 1391 (1993). They are likewise eligible to vote in local elections in several European states, see Miller, Political Participation and Representation of Noncitizens, in IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 129, and in a handful of localities in this country. See Raskin, supra.
101. Marshall characterizes the civil component of citizenship as entailing "the rights necessary for individual freedom," including freedoms of speech, faith, and movement, rights of contract and property, and access to equal justice. MARSHALL, supra note 13, at 10. He defines social citizenship, in turn to include the right to minimum economic welfare, including school and social services. See id. at 11. In contrast, political citizenship, which Marshall characterizes as "the right to participate in the exercise of political power" is currently denied aliens in the United States insofar as the right to vote in state and national elections is concerned. See id. Note, however, that aliens were entitled to vote in many states in nineteenth century America. For an examination of this history, see Jamin Ben Raskin, Legal Aliens, Local Citizens: The Historical, Constitutional and Theoretical Meanings of Alien Suffrage, 141 U. PA. L. REV. 1391 (1993). They are likewise eligible to vote in local elections in several European states, see Miller, Political Participation and Representation of Noncitizens, in IMMIGRATION AND THE POLITICS OF CITIZENSHIP IN EUROPE AND NORTH AMERICA, supra note 26, at 129, and in a handful of localities in this country. See Raskin, supra.
102. See ALEINIKOFF ET AL., supra note 7.
103. Personal Responsibility and Work Opportunity Reconciliation Act, Pub. L. No. 104-193, 110 Stat. 2105 (1996). See also the Balanced Budget Act of 1997, Pub. L. No. 105-33 (1997), which modified some of the Welfare Act's alien-specific provisions. Note that undocumented aliens have long been barred from these programs, but they will now be additionally excluded from services such as prenatal care and school lunch programs.
104. Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009 (1996).
105. See, e.g., Linda Bosniak, Exclusion and Membership: The Dual Identity of the Undocumented Worker Under United States Law, 1988 WIS. L. REV. 955, 977-87.
106. See, e.g., Schuck, supra note 43.
107. Frederick Schauer, Community, Citizenship, and the Search for National Identity, 84 MICH. L. REV. 1504, 1515 (1986). Schauer writes: "Perhaps it is the unfortunate side of human nature that finds it necessary to exclude some in order to form a bond for those included, but little in history or current experience belies this impression." Id. at 1516.
108. WALZER, supra note 11, at 59.
109. For further suggestions along these lines, see Fullinwider, supra note 26; Levinson, supra note 37.
110. For further suggestions along these lines, see Fullinwider, supra note 26; Levinson, supra note 37.
111. PETER SCHUCK & ROGERS SMITH, CITIZENSHIP WITHOUT CONSENT: ILLEGAL ALIENS IN THE AMERICAN POLITY 3 (1985). The target of Schuck and Smith's concern is the American practice of according birthright citizenship to children born in this country of undocumented aliens, and not the extension of rights to the undocumented per se. On the other hand, the authors contend that the availability of rights to the undocumented may serve as an incentive for their entry, thereby exacerbating the problem of illegal immigration itself. See id.
112. Many contend, however, that the sins of the parents should not be visited upon the children. See Plyler v. Doe, 457 U.S. 202, 220 (1982); Michael J. Perry, Equal Protection, Judicial Activism and the Intellectual Agenda of Constitutional Theory: Reflections on, and Beyond, Plyler v. Doe, 44 U. PITT. L. REV. 329-50 (1983).
113. Many contend, however, that the sins of the parents should not be visited upon the children. See Plyler v. Doe, 457 U.S. 202, 220 (1982); Michael J. Perry, Equal Protection, Judicial Activism and the Intellectual Agenda of Constitutional Theory: Reflections on, and Beyond, Plyler v. Doe, 44 U. PITT. L. REV. 329-50 (1983).
114. See, e.g., Bosniak, supra note 48; Carens, supra note 26, at 31.
115. See, e.g., Bosniak, supra note 48; Carens, supra note 26, at 31.
116. See, e.g., sources cited supra note 8.
117. Judith Butler, Sovereign Performatives in the Contemporary Scene of Utterance, 23 CRITICAL INQUIRY 350, 366-67 (1997); see also Linda Bosniak, The Citizenship of Aliens, 56 SOC. TEXT 49 (1998).
118. Judith Butler, Sovereign Performatives in the Contemporary Scene of Utterance, 23 CRITICAL INQUIRY 350, 366-67 (1997); see also Linda Bosniak, The Citizenship of Aliens, 56 SOC. TEXT 49 (1998).
119. For an extended discussion of citizenship's various dimensions, see Linda Bosniak, "Citizenship Denationalized," 7 IND. J. GLOBAL L. ST. (2000) (forthcoming).