Abstract

This article employs the methodology of public choice, or constitutional political economy, to the question of how citizenship should be defined in a constitution. All members of a community or an assembly representative of all members writes a constitution. Each participant in the constitution-drafting process is uncertain of his or her future identity under the constitution and thus chooses a constitution that maximizes the expected utility of all future citizens. The article describes the optimal conditions within this framework for: (1) granting citizenship to those born and raised in the country; (2) granting citizenship to those immigrating into the country; and (3) withdrawing citizenship from those who emigrate from the country. The article also discusses why it might be desirable to require that people pass certain tests and take a loyalty oath to the constitution before being awarded the privilege of voting.

Recommended Citation

Mueller, Dennis C. (2002) "Defining Citizenship," Theoretical Inquiries in Law: Vol. 3 : No. 1, Article 6.
Available at: http://www.bepress.com/til/default/vol3/iss1/art6