Notes
Notes Introduction 1. In Knauer v. United States, Justice William O. Douglas, who delivered the opinion of the Court, speaks about the “cherished status” of citizenship. Knauer v. United States, 328 U.S. 654 (1946), 658. 2. The 1922 Cable Act (42 Stat. 1021, Married Women’s Independent Nationality Act) permitted American women to keep their citizenship when they married foreigners; except if they married Asians. The Act was amended in 1931 so as to suppress this discrimination. 3. A denaturalization proceeding is then considered “an action by the sovereign to nullify the status of a naturalized person that should never have been a citizen.” See Luria v. United States, 231 U.S. 9, 24 (1913), and John P. Roche, “Statutory Denaturalization: 1906–1951,” University of Pittsburgh Law Review 13 (1951–1952): 276. 4. On the denaturalization provisions in foreign laws during the interwar period, see Durward V. Sandifer, “Nationality at Birth and Loss of Nationality,” American Journal of International Law 29 (April 1935): 248, 261. 5. A first version of “A Woman Without a Country” was published in the May 1909 edition of Mother Earth. The version I am quoting was published in the magazine Free Vistas (ed. Joseph Ishill) in 1933. It was reprinted as a stand-alone pamphlet, under Goldman’s name, by Cienfuegos Press in 1979. The title surely refers to Edward Everett Hale’s novella The Man Without a Country, “written during the Civil War and republished dozens of times since, especially during World War I and World War II, most recently shortly after 9/11.” See Linda K. Kerber, “Presidential Address: The Stateless as the Citizen’s Other: A View from the United States,” American Historical Review 112 (February 2007): 11–12. 6. The majority of the publications reflect this association between war and denaturalization. See John L. Cable, Loss of Citizenship, Denaturalization, the Alien in Wartime (Washington, D.C.: National Law Book, 1943); Harry Kalven, Jr., A Worthy Tradition: Freedom of Speech in America, ed. Jamie Kalven (New York: Harper and Row, 1988); Geoffrey R. Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (New York: W. W. Norton, 2004). Only Richard W. Steele, Free Speech in the Good War (New York: St. Martin’s Press, 1999), bases his work on archival sources. 7. John P. Roche wrote the only comprehensive and the best legal history of denaturalization, his Ph.D. dissertation (Cornell University), published in three different articles. John P. Roche, “Prestatutory Denaturalization,” Cornell Law Quarterly 35 (1949); “Loss of American Nationality : The Years of Confusion,” University of Pennsylvania Law Review 99, no. 1 (October 1950); and 204 Notes to Pages 3–6 “Statutory Denaturalization: 1906−1951,” cited earlier. But this remarkable study stops in 1954, is not based on archival sources, and relies mainly on the jurisprudence of the courts and on official publications of the government. Also useful is John L. Cable, Decisive Decision of United States Citizenship (Charlottesville, Va.: Michie, 1967). 8. Frank George Franklin, The Legislative History of Naturalization in the United States from the Revolutionary War to 1861 (South Hackensack, N.J.: Rothman Reprints, 1981), 48. 9. On that history, see James H. Kettner, The Development of American Citizenship, 1608–1870 (Chapel Hill: University of North Carolina Press, 1978). 10. See Rogers Smith, Civic Ideals, Conflicting Visions of Citizenship in U.S. History (New Haven, Conn.: Yale University Press, 1997), 313. 11. Selective Draft Law Cases, 245 U.S. 366 (1918) 12. “The dignity of citizenship” is mentioned in Mandoli v. Acheson, 344 U.S. 133, 139 (1952). Judith Shklar observes that “citizenship has a political and a social standing”; American Citizenship: The Quest for Inclusion (Cambridge, Mass.: Harvard University Press, 1991), 57. 13. Theodore Roosevelt, “Presidential Address, December 7, 1903,” New York Times, December 8, 1903. 14. See Karen Orren and Stephen Skowronek, The Search for American Political Development (Cambridge: Cambridge University Press, 2004), 123. 15. Joseph Carens, Culture, Citizenship, and Community: A Contextual Exploration of Justice as Evenhandedness (Oxford: Oxford University Press, 2000), 166 16. Benedict Anderson, Imagined Communities: Reflections on the Origin and Spread of Nationalism (London: Verso, 1983). 17. Smith, Civic Ideals. 18. See Patrick Weil, “From Conditional to Secured and Sovereign: The New Strategic Link Between the Citizen and the Nation-State in a Globalized World,” The International Journal of Constitutional Law (2011) 9(3–4): 615–635. 19. See István Szijárto, “Four Arguments for Microhistory,” Rethinking History 6, no. 2...
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