ABSTRACT

This chapter explores how the equality, due process, and consent principles have evolved in ways that devalue citizenship. Beneath the grandeur and simplicity of the equality principle, lie three deep tensions that have important implications for the meaning of American citizenship. First, the equality principle is empty in an important sense. The second tension is between majoritarianism and minority rights. The third tension is between the values of equality and liberty. The equality principle extends to legal resident aliens almost all of the significant rights and obligations that attach to American citizenship. The due process principle affects the value of American citizenship even more directly than through limitations on deportation of aliens. There are four dangers lurking in a devalued citizenship. The first is political. A second danger of a devalued citizenship is cultural in nature. The third danger created by the devaluation of citizenship is spiritual in nature. A final danger concerns the emotional consequences of devalued citizenship.