Advanced Constitutional Law: Citizenship, Immigration & the Constitution (S)-LAW JD 714

Advanced Constitutional Law: Citizenship, Immigration & the Constitution (S)


Dates: All year


By: Boston University

Location: Boston

Credits: 3

In this seminar, we will examine constitutional questions concerning (1) the acquisition and loss of citizenship status, and (2) the privilege or right of entry into the United States. Specific topics will include birthright citizenship, derivative citizenship, immigration, naturalization, expatriation, denationalization, denaturalization, and citizenship in the United States territories. Throughout, we will consider the extent to which constitutional guarantees of equal protection and due process apply in the fields of citizenship and immigration law. For example, is racial profiling permissible in the administration of our immigration laws? We will also examine how structural constitutional principles -- federalism and separation of powers -- shape American citizenship and immigration law. For example, did President Obama have the authority to issue the "Deferred Action for Childhood Arrivals" Executive Order, or does the Constitution require congressional approval for such policies? What role may state (as opposed to federal) officials play in the enforcement of our immigration laws? Although our readings will primarily focus citizenship and immigration in the United States, we will also draw on comparative and international law materials. Options for satisfying the writing requirement include one longer paper or three medium-length papers. A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment. www.bu.edu

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