Case Identification
Case name: United States v. Wong Kim Ark
Court: Supreme Court of the United States
Year: 1898
Citation: 169 U.S. 649
Claim Presented
Wong Kim Ark was born in San Francisco, California, in 1873. His parents were Chinese immigrants. They were subjects of the Emperor of China. They maintained permanent domicile and residence in the United States. They were engaged in business in San Francisco. They were not employed in any diplomatic or official capacity by the Chinese government.
Wong Kim Ark departed the United States in 1894. He traveled to China. He sought to return to the United States in 1895. The Collector of Customs at the Port of San Francisco denied him entry. The denial was based on the claim that Wong Kim Ark was not a citizen of the United States. The government contended he was a Chinese subject by descent. The Chinese Exclusion Acts prohibited his entry.
Wong Kim Ark claimed citizenship by birth. He asserted that his birth within the United States conferred citizenship under the Fourteenth Amendment. He challenged the exclusion order.
Authority Cited
Fourteenth Amendment, Section 1, Citizenship Clause: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
English common law principles of jus soli. Birthright citizenship based on place of birth within the sovereign’s territory. Calvin’s Case (1608). Historical practice in the American colonies and states. Early naturalization statutes and their treatment of native-born persons.
Court’s Analysis
The Court examined the meaning of the Citizenship Clause. The central question was the interpretation of “subject to the jurisdiction thereof.”
The Court traced the common-law rule of citizenship by birth. Under English common law, every child born within the King’s dominion and allegiance was a natural-born subject. This rule applied regardless of the parents’ nationality or status. Exceptions existed only for children of foreign ambassadors and children of hostile occupying forces.
The Court determined that the Fourteenth Amendment adopted this common-law principle. The Amendment extended citizenship to all races. It overruled Dred Scott v. Sandford. The phrase “subject to the jurisdiction thereof” excluded only the same narrow categories recognized at common law.
The Court held that children born in the United States to alien parents domiciled and residing in the United States are subject to U.S. jurisdiction. They owe allegiance to the United States. They are citizens by birth under the Fourteenth Amendment.
The Court rejected the government’s argument that Chinese Exclusion Acts or principles of international law altered this constitutional rule. Citizenship by birth is determined by the Constitution. It cannot be denied by statute or treaty.
Wong Kim Ark was born within U.S. territory. His parents were domiciled residents engaged in lawful business. They were not diplomatic agents or members of an occupying force. Therefore, Wong Kim Ark was subject to U.S. jurisdiction at birth. He acquired citizenship under the Fourteenth Amendment.
Disposition
Judgment affirmed. Wong Kim Ark recognized as citizen of the United States by birth.
Procedural Outcome
Exclusion order denied. Right of entry recognized. Wong Kim Ark permitted to enter the United States as a citizen.
Archival Note
This entry documents a judicial determination. It records historical facts as presented to the court and the court’s resolution. It does not constitute legal advice. It does not address subsequent legislative or judicial developments. It serves archival purposes only.