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Albert Gallatin

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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7 Responses

  1. Daniel says:

    James Shields (Irish-born) was naturalized on Oct. 21, 1840. He won election to the U.S. Senate from Illinois in 1848. Calhoun introduced a resolution that Shields’ election was void, since he hadn’t been a U.S. citizen for nine years. Shields tried to resign during this process, but the Senate refused to accept his resignation. It instead approved Calhoun’s resolution and declared the seat vacant.

    Shields won the ensuing special election and began serving in Oct. 1849, just over nine years after his naturalization. Fun little story!

  2. Dan Cole says:

    Aside from his government service, Gallatin (like his hero Jefferson) founded a university, which eventually was renamed New York University.

  3. I wrote an article that analyzed the challenge to Gallatin’s qualifications to consider when citizenship of the United States began.

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1654577

    By virtue of the 9-year requirement, U.S. Citizenship would have had to begin well before the Constitution was ratified.

  4. Joe says:

    “By virtue of the 9-year requirement, U.S. Citizenship would have had to begin well before the Constitution was ratified.”

    I was under the impression U.S. citizenship was determined to begin in 1776.

    Cf. Art. III which adds “at the time of the Adoption of this Constitution” for presidential qualifications.

  5. Marty Lederman says:

    Did the Senators in favor of seating him argue that he had been a citizen for nine years, or that he should be seated regardless? And if the latter, on what theory? Thanks

  6. Gerard Magliocca says:

    Marty,

    They said that he was a citizen for nine years. I think the question was how you defined naturalization for an immigrant in the 1780s.

  7. Edward Still says:

    I believe the “naturalization” process at the time consisted of declaring allegiance to a state which was part of the Confederation. Gallatin had declared allegiance to Virginia in 1785.

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