Marriage and Federal Police Power

Abstract

In the late nineteenth and early twentieth centuries, the U.S. federal government expanded the scope and extent of its constitutionally enumerated powers in naturalization, Indian policies, and regulation of interstate commerce. In doing so, Congress became more involved with matters of citizenship, both in defining public purposes and national identity. Citizenship had traditionally been a matter for the states, where governance rested on the features of differentiation, jurisdictional autonomy, and local control. The entry of the federal government and the federal constitutional norms of citizenship might have been expected to bring an overarching coherence to the fundamental liberal values that were declared after the Civil War. Under expanded federal power and federal citizenship, however, multiple traditions of both liberal rights of citizenship and illiberal conditions of status continued, and illiberal positions gained new footing.