Neither Citizen Nor Stranger - Why States Enfranchise Resident Aliens
Neither Citizen Nor Stranger - Why States Enfranchise Resident Aliens
http://journals.cambridge.org/WPO
David C. Earnest
3
Lowell Barrington, "Understanding Citizenship Policy in the Baltic States," in Aleinikoff and
Klusmeyer (fn. 2); Virginia Harper-Ho, "Voting Rights for Resident Aliens: The History, the Law and
Current Prospects for Change," Journal ofLaw and Inequality 18 (Summer 2000); Kondo (fn. 2); Ger-
ald L. Neuman, "'We Are the People': Alien Suffrage in German and American Perspective," Michigan
Journal ofInternational Law 13 (Winter 1992); Jamin B. Raskin, "Legal Aliens, Local Citizens: The
Historical, Constitutional and Theoretical Meanings of Alien Suffrage," University of Pennsylvania
Law Review 141 (April 1993).
4
Dirk Jacobs, "Discourse, Politics and Policy: The Dutch Parliamentary Debate about Voting
Rights for Foreign Residents," International Migration Review 32 (Summer 1998); idem, "Immigra-
tion in a Multicultural Sphere: The Case of Brussels," in Alisdair Rogers and Jean Tille, eds., Multi-
cultural Policies and Modes of Citizenship in European Cities (Aldershot, U.K.: Ashgate, 2001); and
Christian Joppke, Immigration and the Nation-State: United States, Germany, and Great Britain (Ox-
ford: Oxford University Press, 1999).
5
Michael Coppedge, "Thickening Thin Concepts and Theories: Combining Large N and Small
in Comparative Politics," Comparative Politics 31 (July 1999), 465.
6
Aleinikoff (fn. 2,2001); Joppke (fn. 4); Neuman (fn. 3).
7
Aleinikoff (fn. 2, 2000); Tomas Hammar, Democracy and the Nation-State: Aliens, Denizens and
Citizenship in a World ofInternational Migration (Aldershot, U.K.: Avebury, 1990); Yasemin Nuhoglu
Soysal, Limits of Citizenship: Migrants and Postnational Membership in Europe (Chicago: University of
Chicago Press, 1994).
NEITHER CITIZEN NOR STRANGER 245
only a large cross-sectional study will uncover such convergence. To
my knowledge, no researcher has yet undertaken such a study. Hence,
with due regard for the risk of oversimplifying the richness of citizen-
ship politics, this study delves into the breach between the systemic and
transnational claims of transnationalist researchers and their largely
qualitative corpus of work.
I. T H E THEORETICAL PUZZLE
When faced with large and growing populations of resident aliens, de-
mocracies have gradually extended the rights traditionally associated
with citizenship to some of these noncitizens. Several researchers have
noted that states have extended these rights to resident aliens in a re-
verse of the historical order in which citizens first acquired these rights.8
T. H. Marshall's seminal thesis on the evolution of citizens' rights ar-
gues that rights emerge in a specific historical sequence that parallels
the institutional development of the modern nation-state. 9 Citizens
first gained civil-legal protections when states developed independent
judiciaries. Only when citizens could assert claims in independent
courts, Marshall argues, did they first gain the right to participate in
the political process via the franchise. Only following that did they win
economic and social protections. Curiously, however, noncitizens have
won their rights in a reverse sequence. In most democratic states gov-
ernments have extended considerable social and economic protections
first, followed by (sometimes limited) civil rights. Historically at least,
aliens have acquired the full panoply of civil, economic, and political
rights only through naturalization in their country of residence. Only
recently have resident aliens acquired political rights, and even today
these rights are neither universal nor necessarily consolidated. Contrary
to Marshall's thesis, furthermore, the rights of noncitizens do not pro-
ceed from any obvious institutional evolution of the nation-state.
Why have states extended rights to resident aliens in a sequence that
reverses Marshall's thesis? The apotheosis of this process—the enfran-
chisement of resident aliens—offers an important opportunity to test
competing explanations for several reasons. For one, as I will note, there
is considerable variability among the voting rights that resident aliens
have: some may enjoy substantive voting rights (as in New Zealand's
8
Joppke (fn. 4); Jytte Klausen, "Social Rights Advocacy and State Building: T. H. Marshall in the
Hands of Social Reformers," World Politics 47 (January 1995).
' T. H. Marshall, Class, Citizenship and Social Development: Essays, with an Introduction by Seymour
Martin Lipset (Garden City, N.Y.: Doubleday, 1964).
246 WORLD POLITICS
parliamentary elections), while others may in fact be marginalized by
such voting rights (as in the "right" of noncitizens to vote for members
of Chicago's powerless school councils).10 This variability in both the
form and the substance of such voting rights is itself a puzzle. Democ-
racies have not (yet) converged around a common model or a shared
understanding of the political rights of resident aliens, a fact that poses
a difficult empirical challenge for any explanation. These rights are an
important test of the competing explanations for another reason. Ham-
mar argues that while states today maintain (and even nurture) sym-
bolic distinctions between citizens and aliens, there are few substantive
differences between the rights the state grants to citizens and those it
grants to aliens.11 If Hammar is correct, emerging practices like voting
rights for resident aliens are harbingers of changes to the institutions of
citizenship and the modern nation-state. In this sense, transnational-
ists echo Marshall's argument that the extension of rights flows from
the institutional evolution of the state. To understand why the rights
of aliens have reversed Marshall's sequence, one must begin by look-
ing both at the institutions of the state and at hypothesized reasons for
their evolution.
Reflecting the heritage of political rights theorists like Marshall and
Stein Rokkan, the nationalist thesis generally explains the political in-
corporation of resident aliens as a product of factors within the state,
including political culture, domestic institutions, and contestation be-
tween societal groups.12 As the name suggests, nationalists argue that
shared conceptions of the "nation" continue to drive the state's consti-
tution of the political community. This thesis encompasses traditional
political development arguments like those of Marshall, Rokkan, and
Rokkan and Lipset;13 institutional theorists like Joppke;14 and the cul-
tural arguments of Brubaker and Smith.15 In sum, nationalist scholars
10
See "Introduction: Political Participation and Civil Rights of Immigrants, A Research Agenda,"
International Migration Review 19 (special issue) (Autumn 1985) 405; Marco Martiniello, "Citizen-
ship in the European Union," in Aleinikoff and Klusmeyer (fn. 2).
11
Hammar (fn. 7).
12
Marshall (fn. 9); Stein Rokkan, "The Four Thresholds of Democracy," in Peter Flora, Stein
Kunle, and Derek Unwin, eds., State Formation, Nation-Building and Mass Politics in Europe: The The-
ory of Stein Rokkan (Oxford: Oxford University Press, 1999).
13
Marshall (fn. 9); Rokkan (fn. 12); and Stein Rokkan and Seymour Martin Lipset, Party Systems
and Voter Alignments: Cross-National Perspectives (New York: Free Press, 1967).
14
Joppke (fn. 4); idem, "The Evolution of Alien Rights in the United States, Germany, and the
European Union," in T. Alexander Aleinikoff and Douglas Klusmeyer, eds., Citizenship Today: Global
Perspectives and Practices (Washington, D.C.: Carnegie Endowment for International Peace, 2001).
15
Rogers Brubaker, Citizenship and Nationhood in France and Germany (Cambridge: Harvard Uni-
versity Press, 1992); Rogers Smith, Civic Ideals: Conflicting Visions of Citizenship in U.S. History (New
Haven: Yale University Press, 1997).
NEITHER CITIZEN NOR STRANGER 247
16
Stephen Castles and Alastair Davidson, Citizenship and Migration: Globalization and the Politics
of Belonging (New York: Routledge 2000), ix.
17
Hammar (fn. 7); Castles and Davidson (fn. 16).
18
Soysal (fn. 7); Saskia Sassen, Losing Control? Sovereignty in an Age of Globalization (New York:
Columbia University Press, 1996).
248 WORLD POLITICS
20
Brubaker (fn. IS).
21
Sarah Adams, "The Basic Right of Citizenship: A Comparative Study," Centerfor Information
Studies Backgrounder (Washington, D.C.: Center for Immigration Studies, 1993), www.cis.org/ar-
ticles/1993/back793.htm (accessed April 4,2006); Kondo (fn. 2); Patrick Weil, 'Access to Citizenship:
A Comparison of Twenty-five Nationality Laws," in Aleinikoff and Klusmeyer (fn. 14).
22
Gabor Nagy, "Citizenship in Hungary, from a Legislative Viewpoint," in Andre Liebich and
Daniel Warner, with Jasna Dragovic, eds., Citizenship East and West (London: Kegan Paul Interna-
tional, 1995). See Title II, Article 13(3) of Costa Rica's constitution of November 8,1949, and Section
III, Chapter 1, Article 74 of Uruguay's constitution of December 8, 1996. My source for the docu-
ments and translation is Gisbert H. Flanz, ed., Constitutions of the Countries ofthe World (Dobbs Ferry,
N.Y.: Oceana Publications, 2000).
23
Aleinikoff (fn. 2,2001).
250 WORLD POLITICS
cial and economic rights of resident aliens has reversed Marshall's se-
quence.24 Yet, as Neuman's study suggests, activist courts may reinforce
citizenship laws that lead to closure rather than inclusion.25 Together,
these arguments look to the relationship between national legislatures
and judiciaries to identify variations in democracies' incorporation of
resident aliens. Hypothesis lb is that democracies in which the courts
exhibit independent policy-making activism are more likely to enfran-
chise resident aliens than are those democracies in which courts are
deferential to the legislature. To measure the relative activism of na-
tional courts, I use Lijphart's index of judicial review, which measures
the strength of national courts based upon (1) the presence or absence
of judicial review and (2) three degrees of court activism in asserting
authority over legislative matters.26 Lijphart's data cover twenty-three
of the twenty-five democracies in the study; I replicate his method-
ology using information from Howard and Utter and Lundsgaard to
code Hungary, and from Skaar to code Uruguay.27
A third provocative nationalist argument relates the rights of resi-
dent aliens to the political economy of welfare. Klausen explains the
expansion of the rights of migrants in the Nordic states as a product of
the decline of the welfare state. She argues that during the era of large
welfare spending, the state needed to police claimants for rights since
economic and social rights tend to be fundamentally private goods and
hence a scarce resource. But as states have scaled back welfare spend-
ing, Klausen asserts, they have had less need to monitor who receives
benefits. Since civil and political rights tend to be truly public goods,
furthermore, the state can expand such rights without infringing on
the rights of others.28 This is an interesting and counterintuitive argu-
ment: rather than economic or social rights leading naturally to political
rights, resident aliens may gain political rights only when they receive
fewer social benefits from the state. Conversely, states like Sweden have
extensive social welfare benefits as well as voting rights for nonciti-
24
Joppke(fn. 4).
25
Neuman (fn. 3).
26
Arend Lijphart, Patterns ofDemocracy: Government Forms and Performance in Thirty-six Countries
(New Haven: Yale University Press, 1999).
27
A. E. Dick Howard, "Judicial Independence in Post-Communist Central and Eastern Europe,"
in Peter H. Russell and David M. O'Brien, eds., Judicial Independence in the Age of"Democracy:Critical
Perspectivesfrom Around the World (Charlottesville: University of Virginia Press, 2001); Elin Skaar, "Ju-
dicial Independence: A Key to Justice—An Analysis of Latin America in the 1990s (Argentina, Chile,
Uruguay)" (Ph.D. diss., University of California, Los Angeles, 2002); Robert F. Utter and David C.
Lundsgaard, "Judicial Review in the New Nations of Central and Eastern Europe: Some Thoughts
from a Comparative Perspective," Ohio State Law Journal 5 A (Summer 1993).
28
Klausen (fn. 8).
NEITHER CITIZEN NOR STRANGER 251
zens. A plausible alternative hypothesis is that democratic states with
expansive economic rights may be more likely to have political rights
as well. Hypothesis lc follows from Klausen's reasoning, that democ-
racies with extensive social welfare programs are less likely to enfran-
chise resident aliens than are those states with fewer social benefits. To
test this hypothesis, I measure the state's per annum welfare spending
over the time span of the study. I follow Huber, Ragin, and Stephens's
suggestion to measure social security transfers as a percentage of gross
domestic product, since it allows easier comparison both across states
in the study and over time without having to correct for inflationary
effects.291 use their data set and as per their recommendation supple-
ment it with data from the International Labour Office's World Labor
Report?0 To account for the likelihood that changes in welfare spend-
ing will take some time to affect the rights of resident aliens, I lag the
measure one year.
Finally, several nationalist scholars argue that partisan factors explain
much of the observed variation in policies for the incorporation of resi-
dent aliens. Hammar notes that when governments have enfranchised
resident aliens, it is typically parties of the left that have been in power.
He argues this is because resident aliens tend to vote for social demo-
cratic parties rather than right-leaning parties.31 This suggests hypoth-
esis Id: democracies in which leftist parties control the government
are more likely to enfranchise resident aliens, while rightist parties are
less likely to do so. Yet labor-oriented parties may also oppose policies
that would increase immigration and, by extension, undermine union
jobs. A plausible yet opposite expectation therefore is that left-leaning
parties may be less likely to extend voting rights to resident aliens. To
test these expectations, I use Blais, Blake, and Dion's measurement of
the partisan composition of government as the difference between the
percentage of cabinet seats held by parties of the left and right. 32 1 use
left-right coding of parties and governments collected by Armingeon,
Beyeler, and Menegale, who compile Blais, Blake, and Dion's measure
29
Evelyne Huber, Charles Ragin, and John D. Stephens, "Comparative Welfare States Data Set"
(Chicago and Chapel Hill: Northwestern University and University of North Carolina, 1997), www.
lisproject.org/publications/welfaredata/welfareaccess.htm (accessed April 7,2006).
30
For missing yearly observations, I use a linear interpolation routine (the "ipolate" command in
Stata version 7.0) to impute values for each subject state. International Labour Office, World Labor
Report (Geneva: International Labour Office, 1984-98).
31
Hammar (fn. 7).
32
Andre Blais, Donald Blake, and Stephane Dion, "Do Parties Make a Difference? Parties and
the Size of Government in Liberal Democracies," American Journal of Political Science 37 (February
1993), 49-50.
252 WORLD POLITICS
for twenty-one of the twenty-five states in the study.33 For the remain-
ing four states, I construct the measure using party composition data
from Beck et al. for Costa Rica, Hungary, and Uruguay and from Wol-
dendorp, Keman, and Budge for Israel (which I normalize to the Blais,
Blake, and Dion scale).34 Because a higher score on the Blais, Blake,
and Dion index indicates a partisan composition dominated by left-
leaning parties, the expectation is that the higher values of the partisan
variable will correlate positively with changes in the voting rights of
resident aliens.
Missing from this discussion of nationalist arguments are interest
groups themselves. Immigrant groups increasingly organize both do-
mestically and transnationally to articulate their claims for economic,
social, and political rights to their host governments.35 Several research-
ers likewise have illustrated how interest groups may influence the po-
litical incorporation of migrants.36 Such interest-group explanations
are exceedingly difficult to operationalize, however, in a time-series
cross-section study. The difficulties arise not only from the prolifera-
tion of such groups within nation-states but also from the absence of
a common standard among governments for identifying and account-
ing for their noncitizens. Whereas many states report aliens accord-
ing to their citizenship (including seventeen of the study's twenty-five
countries), several enumerate their residents by place of birth (includ-
ing Australia, Canada, and the United States). By focusing on place
of birth, the latter measure conflates naturalized citizens with aliens.
Hence it is difficult even to derive a valid and reliable measure for the
number of noncitizens, let alone to identify immigrant organizations.
Although interest-group explanations are important to both nationalist
and transnationalist researchers, I conclude that the available data suf-
fer from too many problems to derive valid measures of interest-group
behavior. Of course, interest-based explanations maybe correlated with
33
Klaus Armingeon, Michelle Beyeler, and Sarah Menegale, Comparative Political Data Set, 1960—
2001 (Berne: Institute of Political Science, University of Berne, 2002).
34
Thorsten Beck, George Clark, Alberto Groff, Philip Keefer, and Patrick Walsh, "New Tools in
Comparative Political Economy: The Database of Political Institutions," World Bank Economic Review
15 (September 2001); Jaap Woldendorp, Hans Keman, and Ian Budge, "Party Government in Twenty
Democracies: An Update (1990-1995)," European Journal of Political Research 33 (January 1998).
35
Sassen (fn. 18); Soysal (fn. 7).
36
Louis DeSipio, "Building America, One Person at a Time: Naturalization and the Political
Behavior of the Naturalized in Contemporary American Politics," in Gerstle and Mollenkopf (fn. 2);
Gary P. Freeman, "Modes of Immigration Politics in Liberal Democratic States," International Migra-
tion Review 29 (Winter 1995); Luis Eduardo Guarnizo, "On the Political Participation of Trans-
national Migrants: Old Practices and New Trends," in Gerstle and Mollenkopf (fn. 2); Jeannette
Money, Fences and Neighbors: The Political Geography of Immigration Control (Ithaca, N.Y.: Cornell
University Press, 1999).
NEITHER CITIZEN NOR STRANGER 253
the measure of political parties (which may organize immigrant groups)
and NGOs (which likewise actively mobilize immigrant groups). If so,
these measures may capture some of the effects of interest-based ac-
counts of immigrant mobilization. Nevertheless, to the degree interest-
based accounts matter independent of political parties and NGOs, this
omission may lead to biased and inconsistent estimates. This choice
between omitted variable bias and the use of invalid or unreliable mea-
sures of interest groups is a difficult one. I choose to omit measures of
interest-based explanations.
TRANSNATIONAL HYPOTHESES
40
Beth A. Simmons, "Why Commit? Explaining State Acceptance of International Human
Rights Obligations" (Lecture presented at the Colloquium on Law, Economics, and Politics, New
York University School of Law, New York, September 24, 2002).
41
Sassen (fn. 18).
42
Aleinikoff(fn.2,2000).
43
Kathryn Sikkink, "Human Rights, Principled Issue-Networks, and Sovereignty in Latin Ameri-
can," International Organization 47 (Summer 1993).
44
Because this measure is highly skewed toward states with small populations, Anheier and Stares
recommend using the log of this measure, a recommendation I follow; Helmut Anheier and Sally
Stares, "Introducing the Global Civil Society Index," in Marlies Glasius, Mary Kaldor, and Helmut
Anheier, eds., Global Civil Society 2002 (New York: Oxford University Press, 2002). And see Helmut
Anheier, "Measuring Global Civil Society," in Helmut Anheier, Marlies Glasius, and Mary Kaldor,
eds., Global Civil Society 2001 (New York: Oxford University Press, 2001).
45
For ease of comparison across time, I look only at organizations coded by the UlA as types A, B,
C, and D. The UlA did not classify organizations as types E, F, and G prior to 1984. See Anheier and
Stares (fn. 44); Union of International Associations, Yearbook of International Organizations, 1 lth—39th
eds. (Brussels: Union of International Associations, 1967-2002).
NEITHER CITIZEN NOR STRANGER 255
I use the UIA'S reported figures for each year from 1984 to 2000, and for
1960,1966, 1977, and 1981. Because the values are monotonically in-
creasing, I impute values for missing annual observations using a linear
interpolation routine.
I derive a final transnationalist hypothesis by implication. Resident
aliens may organize across sovereign borders to influence a state's citi-
zenship policies. Likewise, a simple fact of migration is that resident
aliens more likely come from nearby states than from ones far away. To-
gether these facts suggest that geography may well influence whether
or not states choose to enfranchise noncitizens. Hypothesis 2c is that
states are more likely to enfranchise resident aliens if they border on
other states that extend such voting rights. To test this hypothesis, I
follow Beck's suggestion to endogenize the spatial relationship among
states in the study by measuring the average score on the dependent
variable for each state that borders on the observed state.46 To account
for the possibility that the influence of neighboring states may occur
over time, I lag this measure one year.
This measure of neighborhood effects has the added benefit of test-
ing for spatial correlation among observations in the study. Political
scientists have recently renewed their interest in the effects on estima-
tion of the spatial organization of a study's subjects.47 There are two
reasons to suspect that spatial correlation may occur in this study. First,
some states like Spain and Portugal grant voting rights to resident
aliens from those states that reciprocate the rights to their emigres. To
the degree states have reciprocal migratory flows, as bordering states
often do, they will comprise explicitly interdependent and correlated
observations. Second, fourteen of the twenty-five states in the study are
European states, suggesting a regional effect may arise from European
norms, culture, or practices. If so, the proposed measures of cultural and
institutional variables may be correlated. In addition to testing an im-
portant transnational hypothesis, then, the neighborhood effects vari-
able offers a correction for possible sources of spatial correlation.
46
Nathaniel Beck, "Time-Series-Cross-Section Data: What Have We Learned in the Past Few
Years?"Annual Review ofPolitical Science 2001 4 (2001).
47
Kristian S. Gleditsch and Michael D. Ward, "War and Peace in Space and Time: The Role of
Democratization," International Studies Quarterly 44 (March 2000); John O'Loughlin, Michael D.
Ward, Corey L. Lofdahl, Jordin S. Cohen, David S. Brown, David Reilly, Kristian S. Gleditsch, and
Michael Shin, "The Diffusion of Democracy, 1946-1994," Annals of the Association ofAmerican Ge-
ographers 88 (1999); Alastair Smith, "Testing Theories of Strategic Choice: The Example of Crisis
Escalation," American Journal ofPolitical Science 43 (October 1999).
256 WORLD POLITICS
CONTROL VARIABLES
I control for six rival explanations for why states might enfranchise
aliens. One is a state's membership in the European Union. Because the
Treaties of Maastricht and Amsterdam require EU member states to
offer local voting rights to resident aliens who are citizens of other EU
states, it is important to control for this possible bias. Likewise, voting
rights for Commonwealth citizens in the United Kingdom and Barba-
dos, as well as the rights of British citizens in Australia and Canada,
may reflect the development of a Commonwealth citizenship policy in
the 1940s.48 A state's membership in the Commonwealth may explain
reciprocal voting rights for nationals from other Commonwealth states.
For these reasons I control for state membership in the Commonwealth
and European Union.
A third control is a dummy variable for states with proportional rep-
resentation systems. Given the emphasis in PR electoral systems on the
inclusion of minority groups, one might expect democracies with PR
systems to be more likely to enfranchise resident aliens than those with
first-past-the-post systems. I use data from Lijphart and Beck et al. to
code each state's electoral system.49 The fourth and fifth control vari-
ables are dummies to account for each state's political development his-
tory. Rokkan for one argues that the timing of the state's enfranchise-
ment of citizens depends in part upon the state's inherited traditions of
representative rule and whether it seceded from another state.50 I code
two dummies: one uses Rokkan's analysis to record whether (+1) or not
(0) the subject state has a strong history of representative institutions.
The other codes center-formed states as a one and secession states as
a zero. Finally, I include a simple time variable to test for the possi-
bility of significant trends during the four decades of the time series.
Together these six control variables account for historical, institutional,
and temporal effects. The appendix provides the summary descriptive
statistics and a correlations table for the model's variables.
One note of caution is in order: I am looking at states' variable ap-
proaches to enfranchisement rather than at why countries might change
their approaches. In other words, my design inherently focuses on conti-
48
Suzanne Shanahan, "Scripted Debates: Twentieth-Century Immigration and Citizenship Policy
in Great Britain, Ireland, and the United States," in Michael Hanagan and Charles Tilly, eds., Extend-
ing Citizenship, Reconfiguring States (New York: Rowman and Littlefield, 1999).
49
Arend Lijphart, Electoral Systems and Party Systems: A Study of Twenty-seven Democracies, 1945—
1990 (New York: Oxford University Press, 1995); Beck et al. (fn. 34).
50
Rokkan (fn. 12), 249.
NEITHER CITIZEN NOR STRANGER 257
nuity of practices within states but also on variability among them. This
focus favors arguments that emphasize continuity of practices (typi-
cally, nationalist arguments) over arguments about causes of change
(transnational explanations). This sets a high bar for the transnational
thesis; to the degree transnational arguments hold up, the finding will be
that much more important. Statistically, one would expect variables that
are constant over time to perform better than variables that change fre-
quently. I address this possible problem in the discussion section below.
Today there are twenty-four states that have enfranchised resident aliens
and seven others that either have considered explicitly but rejected such
rights or have rescinded voting rights they once offered to noncitizens.
I measure a state's voting rights for resident aliens according to two cri-
teria. The first assesses the "scale" of the voting rights. Some states (like
Sweden) allow resident aliens to vote only in local and municipal elec-
tions, while others (like New Zealand) allow resident aliens to vote in
parliamentary elections as well. In several federal systems, furthermore,
resident aliens receive the right to vote from local or regional authori-
ties but not from the national government (Switzerland and the United
States typify such rights). Using the scale of voting rights, one can order
the democracies in the study from those with no rights, to those that al-
low aliens to vote only in local elections, to those that enfranchise aliens
for parliamentary elections. The second criterion is the "scope" of the
rights, which refers to which resident aliens receive the franchise. Some
states universally enfranchise aliens who need only to satisfy a require-
ment for period of residency (Sweden and New Zealand among others
have such universal systems) while other states extend the right only to
resident aliens of specific nationalities (such as the United Kingdom's
provisions for resident aliens from Commonwealth countries). In other
words, the scope of the rights refers to whether or not the rights dis-
criminate on the basis of the noncitizens nationality.
Using these two criteria, I have constructed an ordinal dependent
variable with six ranks. Because I seek to test the importance of na-
tional versus transnational factors, I order the dependent variable of
voting regimes from the most "national" to the most "transnational."
Consequently I treat no rights as lower than some rights; discrimina-
tory rights as lower than nondiscriminatory rights; and local rights as
lower than national rights. These criteria allow me to rank the depen-
258 WORLD POLITICS
dent variable into six categories: states that offer no voting rights (0);
rights granted by localities but not by the national government (1); local
rights that discriminate on the basis of nationality (2); national rights
that discriminate on the basis of nationality (3); local rights that are
nondiscriminatory (4); and finally national rights that are nondiscrimi-
natory (5).51 Figure 1 shows the scope and scale of the voting rights in
twenty-six democracies. The nondiscriminatory, national franchise in
New Zealand is the paragon of the right, while the piecemeal rights of-
fered only by municipalities in the United States and three cantons in
Switzerland represent the minimal possible rights.
It is possible that in some states voting rights for resident aliens are
formal or legalistic rights that lack substantial political significance. To
the degree that such rights discriminate on the basis of nationality or
limit voting to local elections, they arguably serve to marginalize non-
citizens as much as they incorporate them. Likewise, in states with in-
clusive citizenship practices, naturalization may be an easier path to
political rights than the enfranchisement of resident aliens. In these
respects, one might argue that the presence or absence of voting rights
for resident aliens does not adequately measure the inclusiveness of a
state's citizenship practices. Nevertheless the study's dependent vari-
able is both theoretically important and empirically valid for three rea-
sons. First, transnational scholars themselves have specifically identi-
fied voting rights for noncitizens as evidence that states increasingly
ground political rights in criteria other than citizenship.52 If so, natu-
ralization and enfranchisement are different policy choices that deserve
separate consideration: each is a distinct path to inclusion. Second, one
of the study's independent variables partially accounts for the degree to
which states differ in their naturalization policies. I have already noted
that multicultural nation-states tend to have more liberal naturaliza-
tion policies than ethnic nation-states. By including this independent
variable, the study can assess the degree to which voting rights for non-
citizens are an alternative to naturalization practices. Finally, by con-
structing an ordered measure of different voting rights practices, the
51
One might argue that one should rank discriminatory national rights above nondiscriminatory
local rights—in other words, to reverse ranks 3 and 4. To test nationalist and transnationalist hypoth-
eses, however, I argue one must order the voting rights systems according to their use of nationality as
a criterion for the franchise. In this sense, the orders of the dependent variable range from those that
most emphasize nationality as a criterion (no rights) to those that do not use nationality as a criterion
for the broadest range of rights. For this reason, I rank nondiscriminatory local rights as a higher order
than discriminatory national rights, since the latter retains an emphasis on nationality.
52
Aleinikoff (fn. 2,2000); Miriam Feldblum, "Managing Membership: NewTrends in Citizenship
and Nationality Policy," in Aleinikoff and Klusmeyer (fn. 2, 2000); Hammar (fn. 7); Kashiwazaki (fn.
39); Soysal (fn. 7).
NEITHER CITIZEN NOR STRANGER 259
dependent variable distinguishes between politically substantial rights
on the one hand (as in New Zealand) and discriminatory or formalistic
mechanisms of closure on the other (as arguably occurs in Israel).
To avoid sampling on the dependent variable, this study uses a popu-
lation of those democracies that satisfy two conditions. I assume that
the enfranchisement of resident aliens is a feature more likely to be
found in established, mature democracies. Transitional democracies
may yet restrict political rights and liberties or suffer from reversals of
such rights. It arguably is not valid to compare transitional democra-
cies with those democracies that have a long tradition of representative,
FIGURE 1
THE VOTING RIGHTS OF RESIDENT ALIENS IN 26 STATES,
ORDERED BY THEIR SCOPE AND SCALE
"The constitutions of Bolivia and Colombia permit their respective legislatures to enact
enfranchisement laws for resident aliens, but neither country has done so.
260 WORLD POLITICS
participatory politics.53 For these reasons, I define the study's popula-
tion as those democracies that (1) are established and that (2) have
significant populations of resident aliens. To measure whether or not
a democracy is established, I use two measures: a state's score on the
Gastil combined index of political freedom and civil liberties (com-
monly referred to as the Freedom House index), and its score on the
54
POLITY variable from the Polity IV data set. 1 define an established de-
mocracy as one that has scored either (1) four or less on the combined
Gastil index for every year from 1990 to 1999 (lower scores indicate
greater liberties) without a regime change or (2) 9 or 10 on the POLITY
variable for every year from 1991 to 2000 inclusive without a regime
change. This requirement of a continuity of political freedoms follows
Lijphart's selection of democracies on the basis of continuous demo-
cratic practice.55 There are forty-three democracies that satisfy either
the Gastil or POLITY criterion.
Among these forty-three states are several that are "microstates" or
that have insignificant populations of resident aliens. Following the ex-
ample of Norris and Diamond I exclude the microstates from the study
(that is, those with fewer than two million residents).56 For simplicity,
the study assumes that a "significant" population of resident aliens is ei-
ther (1) one million or more resident aliens or (2) an immigrant popu-
lation greater than or equal to 1 percent of the state's total population,
based on the United Nations 2002 data.57 Using these criteria, twenty-
five of the forty-three established democracies have significant popu-
53
Of the twenty-six states in Figure 1 that have some provision for immigrant voting rights, eight
arguably are transitional democracies. Two (Hungary and Uruguay) are in the study's population. Of
the remaining six, Bolivia and Colombia have constitutional provisions that allow their legislatures to
enfranchise aliens at their discretion, though neither has done so. Estonia's franchise rights are dis-
criminatory (for native Russian speakers only), while Belize, Chile, and Venezuela have local rights
only. Given this variability among transitional democracies, it is not clear how alternative sampling cri-
teria would affect the study's hypothesis tests. If anything, since most states that enfranchise aliens are
consolidated democracies, the inclusion of a large number of transitional democracies with no rights
probably would increase the likelihood of finding no effect for any hypothesized factor.
54
Raymond D. Gastil, "The Comparative Survey of Freedom: Experience and Suggestions," Stud-
ies in Comparative International Development 2$ (Spring 1990); Freedom in the World 2001-2002: The
Annual Survey of Political Rights and Civil Liberties (New York: Freedom House, 2002); Monty G.
Marshall and Keith Jaggers, Polity IV Project: Political Regime Characteristics and Transitions, 1800-
1999, Dataset Users Manual (College Park: University of Maryland, 2000).
55
Lijphart (fn. 26), chap. 4.
56
Larry Diamond, "A Report Card on Democracy," Hoover Digest: Research and Opinion on Public
Policy 3 (Summer 2000); Pippa Norris, "Designing Democracies: Institutional Arrangements and Sys-
tem Support" (Paper presented at the John F. Kennedy School of Government Workshop on Confi-
dence in Democratic Institutions: America in a Comparative Perspective, Washington, D.C., August
25-27,1997).
57
United Nations, Department of Economic Affairs and Social Affairs, Population Division, In-
ternational Migration Report 2002 (New York: United Nations, 2002).
NEITHER CITIZEN NOR STRANGER 261
TABLE 1
T H E STUDY'S POPULATION OF DEMOCRACIES*
Australia Italy
Austria Japan
Belgium Netherlands
Canada New Zealand
Costa Rica Norway
Denmark Portugal
Finland Spain
France Sweden
Germany Switzerland
Greece United Kingdom
Hungary United States
Ireland Uruguay
Israel
"States that have had no voting rights for resident aliens during the period of this study are listed
in italics.
lations of resident aliens. These criteria exclude states with very small
populations of immigrants in which the political costs of enfranchising
aliens may be relatively low. By contrast, states with large immigrant
populations may face greater pressures, both from domestic interests
as well as from INGOS, to consider the plight of a large minority. It is
thus not clear a priori whether these selection criteria favor nationalist
or transnationalist arguments. Nevertheless, the twenty-five states this
study examines hosted about 62 percent of the world's migrants who
resided in democratic states during 2000.58 Given the importance of
these states in international institutions, furthermore, I conclude that
the study's population is reasonable. Table 1 lists these states. For each
of these democracies, I measure the dependent variable, the four na-
tionalist variables, the three transnationalist variables, and the six con-
trol variables for each year from 1960 to 2000. Though several states
have practiced the enfranchisement of aliens for over a century, the un-
availability of reliable data prior to 1960 (particularly on social welfare
expenditures) limits the study to observations from 1960 and after.59
60
Kirk S. Bowman, "Taming the Tiger: Militarization and Democracy in Latin America," Journal of
Peace Research 37 (February 1996); A. Cooper Drury, "Revisiting Economic Sanctions Revisited," Journal
ofPeace Research 35 (July 1998); Peter J. Partell, "Executive Constraints and Success in International Cri-
ses," Political Research Quarterly 50 (September 1997); Mi Yung Yoon, "Explaining U.S. Intervention in
Third World Internal Wars, 1945-1989,"'Journalof'Conflict Resolution 41 (August 1997).
61
Nathaniel Beck and Jonathan N. Katz, "What to Do (and Not to Do) with Time-Series Cross-
Section Data," American Political Science Review 89 (September 1995); Beck (fn. 46).
62
Beck (fn. 46).
63
Donald P. Green, Soo Yeon Kim, and David H. Yoon, "Dirty Pool," International Organization
55 (Spring 2001) 455.
64
Beck (fn. 46), 287.
NEITHER CITIZEN NOR STRANGER 263
likelihood of inferring effects where in fact there are none."65 While
it is an imperfect solution to estimating TSCS models with an ordered
dependent variable, it is a conservative one that prejudices hypotheses
tests in the direction of a finding of no significance. To test the na-
tionalist and transnationalist hypotheses, I thus use an ordered probit
estimator with robust standard errors adjusted for clustering on each
democracy in the population. In my presentation of findings below I
also provide the results of the ordered probit model when estimated
with the normal (unadjusted) standard errors. By comparing the two
models, one can assess the sensitivity of findings to these assumptions
about the variance-covariance estimates.66
Table 2 presents the findings of this analysis. For each factor, I have
reported the estimated coefficient and, in parentheses, the estimated
standard error after adjustment for clustering on each country. An as-
terisk denotes those variables that are significant at the 0.05 level; a
double asterisk indicates the variable is significant at the 0.01 level.
Model 1 lists the estimated coefficients and robust standard errors for
the ordered probit analysis. Model 2 provides the coefficients and un-
adjusted standard errors.
A quick glance at the ordered probit results with robust standard er-
rors (Table 2, model 1) shows support for the nationalist thesis. All four
nationalist variables are significant. The birthright citizenship variable
is significant in the predicted direction. This shows that, as hypoth-
esized, democratic majorities that view the nation as a multicultural
community appear to be more likely to enfranchise resident aliens than
states whose citizens view the nation as an ethnic community. Surpris-
ingly, however, the three other significant nationalist variables oper-
65
Simmons (fn. 40), 17.
66
For purposes of comparison and for validation of the findings, I also conducted a PCSE regres-
sion of the model. While such analysis is inappropriate for ordered dependent variables, Beck (fn. 46)
notes that researchers using ordered variables with seven points commonly treat them as continuous
and can estimate such variables with PCSE techniques (p. 273). The dependent variable for this study
has only six points, making tenuous any inferences from PCSE estimation. When using PCSE estimation,
I assume that there is panel-specific first-order autoregression. The PCSE analysis found the following
nationalist and transnational factors significant: birthright citizenship (|3 = 1.512, s.e. = 0.225); density
of NGOs (0.529, 0.092); and proximity to other states that enfranchise noncitizens (0.179, 0.046). The
PCSE model also found several controls significant: membership in the British Commonwealth (1.412,
0.235); a history of representative institutions (0.742, 0.259); the center-formed state dummy (0.821,
0.252); and the control for unexplained temporal variation (0.021, 0.008). The PCSE model thus seems
to find more support for transnational arguments than the ordered probit model. This support is quali-
fied, however, for two reasons. First, the control variable for time illustrates that there is an overall
increase in voting rights over time that the PCSE model does not explain. Second, the reader is again
advised to keep in mind Beck's caution that we know little about the consistency of PCSE estimates and
the degree to which they are unbiased when one uses an ordered dependent variable; Beck (fn. 46).
TABLE 2
ORDERED PROBIT ESTIMATES; ALL MODELS EXCEPT 2 ASSUME ROBUST
STANDARD ERRORS AND CLUSTERING ON EACH STATE
2 3
Full Model Full Model Controlling
(Unadjusted Only for
Standard Errors, Time Trend
No Clustering)
N= 808
P>chi2 = <.001 <.001 <.001
Log likelihood = -817.97 -817.97 -907.13
Pseudo R2 = 0.3127 0.3127 0.2378
Nationalist Hypotheses
la. Birthright citizenship 2.038** 2.038** 1.782*
(0.408) (0.139) (0.406)
lb. Strength of judicial -0.697** -0.697** -0.547*
(0.222) (0.078) (0.206)
lc. Social security expenditures, 0.150** 0.150** 0.070
lagged 1 (0.033) (0.015) (0.041)
Id. Party of government -0.289* -0.289** -0.290*
(0.141) (0.066) (0.118)
Transnational Hypotheses
2a. Accession to international human 0.037 0.037 -0.072
rights agreements (0.092) (0.039) (0.097)
2b. Density of INGOs 0.205 0.205** 0.204
(0.170) (0.076) (0.157)
2c. Mean DV score of bordering states, 0.480** 0.480** 0.425*
[1 (0.114) (0.047) (0.136)
Controls
EU dummy -1.198** -1.198**
(0.364) (0.131) —
Commonwealth dummy 0.238 0.238
(0.348) (0.160) —
PR dummy -0.329 -0.329
(0.600) (0.234) —
History of representative institutions dummy 0.597 0.597**
(0.391) (0.126) —
Center-formed state dummy 0.008 0.008
(0.372) (0.115) —
Time -0.010 -0.010 0.012
(0.019) (0.008) (0.021)
TABLE 2 cont.
4 5 6 7
Nationalist Nationalist Transnational Transnational
Factors Factors Plus Factors Factors
Only, Plus Controls Only, Plus Plus Controls
Time Trend and Time Time Trend and Time
Trend Trend
Transnational Hypotheses
2a. Accession to international
human rights agreements — — -0.090 0.058
(0.085) (0.088)
2b. Density of iNGOs — — 0.359** 0.375
(0.135) (0.201)
2c. Mean DV score of bordering states, — — 0.358** 0.332*
lagged 1 (0.128) (0.127)
Controls
EU dummy -0.864* -0.430
(0.397) (0.372)
Commonwealth dummy — 0.376 — 0.796
(0.343) (0.696)
PR dummy — -0.324 — 0.043
(0.463) (0.798)
History of representative institutions — 0.546 — 0.625
dummy (0.502) (0.409)
Center-formed state dummy — 0.199 — -0.043
(0.409) — (0.337)
Time 0.021 0.019 0.023 0.016
(0.022) (0.020) (0.014) (0.014)
I * significant at 0.05; "significant at 0.01
266 WORLD POLITICS
ate in the direction opposite of the hypothesized effect. States with
more activist and independent judiciaries appear significantly less likely
to enfranchise their resident aliens, not more so, as hypothesis lb ex-
pected. Similarly, a state's spending on social security seems to be in the
direction opposite to that predicted in hypothesis lc; rather than lead-
ing to increased policing of claimants and hence a foreclosure of oppor-
tunities, states that spend more on social programs may be more likely
to extend voting rights to resident aliens. As Table 2 shows, however,
this finding is sensitive to choice of model specification. Finally, parties
of the left appear to be significantly less likely to enfranchise resident
aliens than parties of the right. This is contrary to Rath's argument but
consistent with the argument that labor-oriented parties may be less
friendly to immigrants' rights.67
The analysis finds weak support for the transnationalist hypotheses.
The only significant transnational predictor in the robust ordered pro-
bit model is a state's proximity to other states that enfranchise non-
citzens. The bordering states measure is significant in the direction
predicted: states are more likely to enfranchise resident aliens if their
neighbors do so, suggesting the importance of reciprocity and immi-
gration flows. The two other transnationalist variables—commitment
to international human rights institutions and the density of NGOs—are
not significant.
Only one of the control variables is significant, though it is a pro-
vocative one. The dummy variable for the European Union is signifi-
cant, but it is in the direction opposite of the expectation. Rather than
EU states being more likely to enfranchise resident aliens, the model
suggests they may be less likely to do so. It is worth noting that pro-
portional representation systems are not significantly more likely to
enfranchise resident aliens, despite their emphasis on the inclusion of
social minorities. Likewise, the dummy variables for the state's politi-
cal development are not significant. This suggests either that the jus
sanguinis variable captures these historical institutional factors or that
neither a state's legacy of representative institutions nor its history of
formation is relevant to its enfranchisement of resident aliens.
To test the sensitivity of these findings to model specification, I con-
duct five other ordered probit estimations with robust standard errors
on subsets of nationalist and transnationalist factors. Models 3-7 in Ta-
ble 2 report the findings of these alternative specifications. The results
show several factors perform consistently despite differences in model
67
Rath (fn. 1).
NEITHER CITIZEN NOR STRANGER 267
specification. The measures for birthright citizenship and strength of
judicial review are significant and in the same direction in all four mod-
els (1, 3, 4, and 5). Likewise the measures for transnational hypotheses
2a and 2c behave consistently in the different specifications. In all four
models (1, 3, 6, and 7) the measure of spatial correlation is significant
and positive; in none of the four models is the measure of accession to
human rights instruments significant. Similarly control variables ap-
pear to perform consistently in the differing specifications. The dum-
mies for proportional representation systems, Commonwealth states,
political development (representative institutions and center-formed
states), and time all are not significant in any specification. Altogether,
nine of the full model's thirteen variables behave robustly across the
differing specifications.
Two nationalist measures perform inconsistently. The measure of
economic rights (social security expenditures) is significant and posi-
tive in models 1 and 5, but not in models 3 or 4. Likewise the measure
of the partisan composition of government is significant and negative
in models 1 and 3 but not in 4 and 5. Given that model 4 is the least
specified of the four models that test nationalist factors, one suspects a
problem with omitted variable bias. Nevertheless, the sensitivity of the
party variable and social security spending to choice of model specifica-
tion suggests one should be cautious about inferring effects for these
factors.
The only transnational factor that behaves inconsistently across the
different specifications is the measure of the density of iNGOs.This fac-
tor is significant in the hypothesized direction in model 6. This is the
most parsimonious model, however, including only the three trans-
national factors and the time control. Given this spare model, one sus-
pects this estimate is biased due to the omission of significant factors.
In the other three models that are more fully specified (1,3, and 7) this
factor is not significant. On the question of the estimated effect of NGO
density, then, one can conclude the finding of the full model is probably
unbiased. Since "overfitting" is less statistically problematic than omit-
ting relevant variables, the fully specified model informs my subsequent
discussion of findings.
V. DISCUSSION
These findings suggest mixed support for the nationalist thesis. Despite
globalization and the institutionalization of international human rights,
the study's twenty-five democratic states appear to retain a considerable
268 WORLD POLITICS
VI. CONCLUSION
75
Rath (fn. 1).
NEITHER CITIZEN NOR STRANGER 273
alist and transnational hypotheses? In no way does this study answer
these questions definitively. Unless and until scholars start debating
these questions, however, the study of citizenship practices is likely to
suffer marginalization at the hands of both globalization theorists and
comparativists. It will speak to neither with any theoretical generality.
This is unfortunate because citizenship practices in democracies may
offer students of world politics a glimpse of the changing nature of
state sovereignty.
APPENDIX: DESCRIPTIVE STATISTICS AND CORRELATIONS TABLE
Descriptive Statistics
Variable Sample Period Countries Observations Mean Std. Dev. Min Max
Voting rights score 1960-2000 25 883 1.54 1.71 0 5
Birthright citizenship 1945-2000 25 1,194 0.38 0.49 0 1
Strength of judicial review 1945-2000 25 1,198 2.08 0.99 1 4
Social security transfers 1959-2000 25 831 13.89 5.62 2.30 34.7
Partisan control of government 1950-2000 25 916 -0.05 0.72 -1 1
Commitment to human rights 1945-2000 25 1,198 2.33 2.25 0 6
Density of NGOs (log) 1960-2000 25 908 4.52 1.19 1.22 6.35
Mean voting rights score of bordering states 1945-2000 25 1,177 0.59 1.01 0 4
EU dummy 1945-2000 25 1,198 0.32 0.47 0 1
Commonwealth dummy 1945-2000 25 1,198 0.19 0.39 0 1
Proportional representation dummy 1945-2000 25 1,178 0.79 0.40 0 1
History of representative institutions dummy 1945-2000 25 1,198 0.56 0.50 0 1
Center-formed state dummy 1945-2000 25 1,198 0.47 0.50 0 1
Time trend 1960-2000 25 921 1.05 11.79 -20 20
Correlations Table
10 11 12 13
1. Birthright citizenship 1.00
2. Strength of judicial review 0.27 1.00
3. Social security transfers -0.27 -0.02 1.00
4. Partisan control of government -0.19 0.06 0.20 1.00
5. Commitment to human rights 0.05 0.12 0.62 0.20 1.00
6. Density of NGOs 0.01 -0.49 0.35 0.27 0.34 1.00
7. Mean DV score of bordering states 0.02 -0.03 0.18 0.01 0.37 0.05 1.00
8. EU dummy -0.20 0.03 0.47 0.04 0.23 -0.07 0.20 1.00
9. Commonwealth dummy 0.39 0.01 -0.24 -0.19 -0.11 -0.11 0.13 -0.21 1.00
10. Proportional representation
dummy -0.29 -0.31 0.27 0.25 0.22 0.53 -0.20 0.09 -0.58 1.00
11. History of representative
institutions dummy 0.14 -0.30 -0.15 -0.13 -0.27 0.13 0.09 -0.21 0.43 -0.31 1.00
12. Center-formed state dummy -0.32 -0.07 0.20 0.03 0.12 -0.15 0.19 0.25 -0.21 0.10 -0.29 1.00
13. Time trend 0.06 0.08 0.66 0.07 0.77 0.31 0.27 0.16 0.05 0.13 -0.11 -0.03 1.00