ithin the new
State, and may declare that existing acts of Congress relating to
traffic and intercourse with them shall remain in force.[1041]
Clause 4. _The Congress shall have Power_ * * * To establish an uniform
Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States.
Naturalization and Citizenship
CATEGORIES OF NATURALIZED PERSONS
Naturalization has been defined by the Supreme Court as "the act of
adopting a foreigner, and clothing him with the privileges of a native
citizen, * * *"[1042] In the Dred Scott Case,[1043] the Court asserted
that the power of Congress under this clause applies only to "persons
born in a foreign country, under a foreign government."[1044] These
dicta are much too narrow to sustain the power which Congress has
actually exercised on the subject. The competence of Congress in this
field merges, in fact, with its indefinite, inherent powers in the field
of foreign relations. In the words of the Court: "As a government, the
United States is invested with all the attributes of sovereignty. As it
has the character of nationality it has the powers of nationality,
especially those which concern its relations and intercourse with other
countries."[1045] By the Immigration and Nationality Act of June 27,
1952,[1046] which codifies much previous legislation, it is enacted that
the following shall be citizens of the United States at birth:
"(1) a person born in the United States, and subject to the jurisdiction
thereof;
"(2) a person born in the United States to a member of an Indian, Eskimo,
Aleutian, or other aboriginal tribe: _Provided_, That the granting of
citizenship under this subsection shall not in any manner impair or
otherwise affect the right of such person to tribal or other property;
"(3) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United States
and one of whom has had a residence in the United States or one of its
outlying possessions, prior to the birth of such person;
"(4) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United States who
has been physically present in the United States or one of its outlying
possessions for a continuous period of one year prior to the birth of
such person, and the other of whom is a national, but not a citizen of
the United States;
"(5) a person
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