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1.Wong Kim Ark's parents are
both Chinese and subjects of
the Emperor of China; Wong Kim
Ark's language, color, and dress
indicate that he is a Chinese
laborer.
2.Wong Kim Ark does not belong
to any of the privileged classes
enumerated in any of the Chinese
Exclusion Acts [statutes passed
in 1882 restricting Chinese
immigration], so provisions
in those acts exclude him from
U.S. citizenship.
3.Large numbers of Chinese
immigrant laborers are incapable
of assimilating themselves into
American life and endanger the
public interest and good order.
4.Wong Kim Ark was claimed
by China upon his birth and
has therefore not been "subject
to the jurisdiction" of
the United States.
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1. The government's cited facts
are irrelevant because his right
to citizenship through birth
in the U.S. is protected by
the Fourteenth Amendment to
the U.S. Constitution, which
reads in part, "…all
persons born or naturalized
in the United States, and subject
to the jurisdiction thereof,
are citizens of the United States."
2.Because he is a U.S. citizen,
the Chinese Exclusion Acts do
not apply to him in the first
place - and the government concedes
this.
3.It was the intent of Congress
in passing the Fourteenth Amendment
to prevent prejudice and racism
by guaranteeing the right of
citizenship to all those born
in the country, not simply those
of certain races.
4.Ark has always been treated
as a U.S. citizen and paid taxes
to the U.S. government.
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