Dual Citizenship: Contradiction in Terms?
I'm not sure what it says about the readership of Politico that this story was more read yesterday than coverage of President Obama's pivot on gay marriage (perhaps that the publication's readership is jaded enough to realize that the latter wasn't really 'news' to anyone), but it's interesting nonetheless
Rep. Michele Bachmann is now officially a Swiss miss.
Bachmann (R-Minn.) recently became a citizen of Switzerland, making her eligible to run for office in the tiny European nation, according to a Swiss TV report Tuesday.
Arthur Honegger, a reporter for public broadcaster Schweizer Fernsehen, told POLITICO the Swiss consulate in Chicago has confirmed that the former Republican presidential candidate became a citizen March 19.
...
Marcus Bachmann, the congresswoman’s husband since 1978, reportedly was eligible for Swiss citizenship due to his parents’ nationality — but only registered it with the Swiss government Feb. 15. Once the process was finalized on March 19, Michele automatically became a citizen as well, according to Honegger.
This would bother me regardless of the individual in question. It wrankles a little more when it's a sitting member of Congress and a recent presidential candidate.
I know that the vast majority of people who acquire dual citizenship -- including some of my friends -- do so for logistical or cultural reasons, none of which are particularly threatening to anyone. But still, the concept itself has never sat well with me. On a principled level, citizenship just seems like one of those concepts that is, by its very definition, exclusionary. I can't help but regard the practice as something tantamount to civic bigamy.
You tell me. Am I overreacting to a harmless practice? Or is there something worthy of resistance in this blurring of national allegiances?
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Aug '10
Re: Dual Citizenship: Contradiction in Terms?
As I wrote in the other thread, I think it makes a difference which two countries we're talking about.
I happen to hold dual Canada/UK citizenship. I see no contradiction here because, as a Tory and a monarchist, I see Canada as a Dominion of the Crown. Our politicians swear oaths to the Queen and her successors, so I see no conflict of interest. However, I would see a conflict of interest if they held citizenship with a non-Commonwealth country.
For a US politician, it's a slightly different story because they swear an oath to uphold the Constitution. If one swears an oath to secure citizenship of another country, that politician is in a clear conflict of interest. (Do we know if Bachman swore an oath to Switzerland?)
In the case of Switzerland, the issues are also muddied by the fact that it's a neutral country that generally stays silent on international affairs. As such, a US president with Swiss citizenship is much less likely to find themselves in a conflict-of-interest than if they held citizenship with a country whose policies are more clearly in opposition to those of the United States.
Apr '11
Re: Dual Citizenship: Contradiction in Terms?
Agreed, Aaron. I'm sure that describes Bachman's case. Any oath of office she's sworn in the past and/or would, would be swearing allegiance to the country she served/s.
The State Dept treats this:
"The country where a dual national is located generally has a stronger claim to that person's allegiance.
However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship."
The U.S. State Department's definition of "allegiance" here is relatively austere, but obeying the law of the land does actually sum it up pretty well at a practical, if not philosophical level.
Edited on May 10, 2012 at 10:36pmAug '10
Re: Dual Citizenship: Contradiction in Terms?
genferei
Yes, you are overreacting. 'National allegiances' are a very, very recent development, after all.
Ah, but arguably so is the modern concept of "citizenship" itself.
A concept is not invalid simply because it is recent.
Aug '10
Re: Dual Citizenship: Contradiction in Terms?
The United States does not recognize dual citizenship, but it doesn't outlaw dual citizenship either.
From the point-of-view of US law, she is a US citizen, full-stop. That does not prevent Swiss law from recognizing her as a Swiss citizen.
The question of divided loyalties is a political and moral question, not a legal one (unless there are oaths involved).
I'd argue that legally forcing someone to renounce their citizenship with another country would be an attempt at thought-control and would violate the First Amendment. The government has no jurisdiction over someone's loyalties and beliefs, only their actions.
Aug '10
Re: Dual Citizenship: Contradiction in Terms?
If means much more than that if you're the chief executive of the country.
In theory, British citizenship means submitting to the supremacy of the monarch over her subjects.
What if president Eisenhower had been a dual US/UK citizen? During the Suez Crisis, the US opposed UK policy. That means that the US opposed the foreign policy of the British Crown. As a UK citizen, Eisenhower would have had a duty to support the Crown. He'd be in a clear conflict-of-interest.
Again, I think it depends on the two countries involved. A US politician could not also be a citizen of a constitutional monarchy, because that would require fealty to both the Constitution and a foreign crown. Impossible.
However, I think a US politician could be a citizen of another country if that country's constitution does not contradict the US constitution.
That is, admittedly, a very big "if".
Edited on May 10, 2012 at 10:58pmOct '11
Re: Dual Citizenship: Contradiction in Terms?
http://www.politico.com/news/stories/0512/76175.html
May '11
Re: Dual Citizenship: Contradiction in Terms?
Valiuth: Dual citizenship is like one claiming two religions. It just isn't possible. If I claimed to be both Jewish and Catholic I am clearly lying about being one or both of those things. It is a terrible inconsistency that though seeming harmless really chips away at the vary notion of Nationhood. I ask can one be a triple citizen, or quadruple citizen? This is both a disservice to Switzerland and the United States undermining the idea of both nations.
Think about it. If the US gave citizenship to every Canadian is that not the same thing as annexing Canada? It would be a first step to it. Claiming citizens in foreign lands has in the past 100 years always been a root cause of War. Look at Nazi Germany and Putin's Russia. · 48 minutes ago
Edited 47 minutes ago
Bingo!
Not only that but whose laws do you obey when they conflict?
As for what the State Department says, one can make the argument they are not all that "American" anyway and certainly don't have the best interests of the United States as the primary goal all the time.
May '11
Re: Dual Citizenship: Contradiction in Terms?
Can you be married to two spouses at the same time? Seems the same to me.
Aug '10
Re: Dual Citizenship: Contradiction in Terms?
Pilli
Not only that but whose laws do you obey when they conflict?
That's a question for all citizens travelling in foreign countries, not just dual-citizens.
Is it ok for a US citizen to hire a prostitute in Costa Rica or the Netherlands, where prostitution is legal?
If a US citizen is subject to the laws of the country in which he or she is travelling and not subject to US law, then a dual-citizen would be subject only to US law when he or she is on US soil and there would be no conflict-of-interest.
If, on the other hand, a US citizen can be charged with a crime that is not illegal in the country where the act occurs, that would put a dual citizen in a conflict of interest.
May '10
Re: Dual Citizenship: Contradiction in Terms?
If she roots for Nestlé over Hershey in the Great Chocolate War then she must be drawn, quartered and stuffed with almonds.
Aug '10
Re: Dual Citizenship: Contradiction in Terms?
Who let this anti-free trade protectionist in the room? ;-)
Mar '11
Re: Dual Citizenship: Contradiction in Terms?
I think dual citizenship is a bad idea, and we should give it the heave-ho. I'm a big admirer of Switzerland, but dual loyalties are still dual loyalties. Pick a a country and go there (if they'll let you).
There's nothing to blame Bachman for here... this whole process is pretty much automatic as I understand it. But we should never have allowed it in the first place.
May '11
Re: Dual Citizenship: Contradiction in Terms?
What about my kids? I'm Canadian, my wife is Japanese, at birth do we have to choose for them, or can they hold dual citizenship and at a later date decide for themselves?
Yeah Troy I think you are overreacting.
Aug '11
Re: Dual Citizenship: Contradiction in Terms?
Maybe I missed it but has someone addressed the question of legality? What are the rules of citizenship regarding Congress? Can she hold office and have a dual citizenship? Just wondering.
Apr '11
Re: Dual Citizenship: Contradiction in Terms?
Misthiocracy
Pilli
Not only that but whose laws do you obey when they conflict?
That's a question for all citizens travelling in foreign countries, not just dual-citizens.
Is it ok for a US citizen to hire a prostitute in Costa Rica or the Netherlands, where prostitution is legal?
Conflict of laws has been a big part of both my study and my practice; the short answer is that there are lots of complicated conflicts questions, with the chief hubs of strife being marriage and corporate laws (I deal with the latter).
Dual citizenship is not relevant to this, though. There are all kinds of issues where it matters whether you are, eg., a German, but very few indeed where the addition of another nationality makes a difference; the Vienna Convention on Consular Relations is the only one that I can think of.
It would matter only if her American citizenship was surrendered, which it was not.
Apr '11
Re: Dual Citizenship: Contradiction in Terms?
Which definition are you referring to? As Stu notes, there are plenty of people who are, in every possible sense of the term, dual nationals. We all deal with various and layered loyalties, including loyalties we are sworn to.
Furthermore, even though she has resigned her Swiss citizenship (as the War of 1812 gave her the right to do), do you not think that Bachmann still has a proper loyalty to Switzerland, via the transitive property and her husband? Although my loyalty and allegiance have been to America for years (full legal recognition of this loyalty is still catching up), my wife's affection for our native land appears to me to create the moral and ethical duties that you object to (I assume you weren't implying any legal problems). Were Britain and America to war once again, my spouse and family would be a far bigger deal to me than my legal citizenship.
Jun '10
Re: Dual Citizenship: Contradiction in Terms?
Don't know about Congress, but obviously you can be Governor of California and have dual American and Austrian citizenship. Governors are privy to lots of Homeland Security information.
Dec '11
Re: Dual Citizenship: Contradiction in Terms?
What an interesting set of responses. I believe it was the Israeli politician Moshe Arens who renounced his US citizenship when he was elected to the Israeli Knesset. He had come under fire for holding dual nationality.Also, it was reportrd today the Michele Bachmann has already renounced her Swiss citizenship.BTW it is not easy to obtain Swiss citizenship if one is an immigrant. One's local Swiss community must vote to approve it, as well as following the other legal procedures for obtaining it.
Dec '11
Re: Dual Citizenship: Contradiction in Terms?
As am I. Perhaps Switzerland will appreciate her impeccable personal standards/work ethic more than we do.
May '10
Re: Dual Citizenship: Contradiction in Terms?
My wife has dual citizenship: Spain & Philippines. My 5 year old son is entitled to those passports + USA. When he gets older he'll probably choose two.
I remain a USA citizen exclusively - but I have to say that I (along with lots of other Americans I know living overseas), am seriously considering changing this status. For those of us living abroad, our government is becoming increasingly offensively intrusive.
I agree that it is a little different when one is a sitting Congressperson, but I believe this to be a growing trend among Expats, as is the quantity of people renouncing their USA citizenship.