Omar Bennett
The topic of citizenship is mentioned in the United States Constitution, specifically in the Citizenship Clause of the Fourteenth Amendment, which states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This clause, adopted on July 9, 1868, was directed at addressing the Dred Scott decision and the Black Codes, granting citizenship to formerly enslaved people and marking a significant shift in American identity. While it does not explicitly mention equality, the Citizenship Clause implies it by declaring those born on American soil as free and equal citizens.
| Characteristics | Values |
|---|---|
| Citizenship Clause | One of the richest single sentences in the entire Constitution |
| Citizenship Clause | Overrules the Dred Scott case |
| Citizenship Clause | Establishes the priority of national citizenship |
| Citizenship Clause | Requires a state to treat any American who chooses to reside in that state as a full and equal state citizen |
| Citizenship Clause | Gives Congress broad power to define and protect various badges of citizenship |
| Citizenship Clause | Condemns a racial caste system |
| Citizenship Clause | Condemns other birth-based caste-like systems |
| Citizenship Clause | Does not extend citizenship universally to everyone born within the United States |
| Citizenship Clause | Does not extend to children born to diplomats |
| Citizenship Clause | Excludes Native Americans |
| Fourteenth Amendment | Protects citizens from any “congressional forcible destruction” of their citizenship |
| Fourteenth Amendment | Does not extend to children born to tourists and undocumented immigrants |
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What You'll Learn
The Fourteenth Amendment
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
This clause reversed the Dred Scott v. Sandford decision, which held that Americans descended from African slaves could not become American citizens. The Fourteenth Amendment also overruled the Black Codes passed by formerly Confederate states, which restricted the movement, employment, self-defense, and legal rights of African Americans.
While the Citizenship Clause uses sweeping language that grants U.S. citizenship to everyone born in the country and subject to its laws, there are some exceptions. For example, the clause does not extend citizenship to children born to parents with diplomatic immunity, such as the children of foreign diplomats. Additionally, the Citizenship Clause does not address the acquisition of state and national citizenship, leaving some questions open.
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Birthright citizenship
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". The Citizenship Clause, which is the first sentence of the Fourteenth Amendment, states:
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
This clause was adopted on July 9, 1868, and it reversed a portion of the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. The Fourteenth Amendment established a simple national rule for citizenship: if you are born in America, you are a US citizen. This amendment also granted a set of fundamental "privileges or immunities" to American citizens, which were protected against abuses by both the federal government and individual states.
The concept of birthright citizenship, also known as jus soli, has been a part of US law since the early modern era. It was first addressed in the 1844 New York court case of Lynch v. Clarke, which decided that a child born in the US to two Irish parents who were temporary visitors was an American citizen at birth. The principle of jus soli was also applied in the 1898 Supreme Court case of United States v. Wong Kim Ark, which cemented birthright citizenship for children of all immigrants.
While birthright citizenship is a well-established part of US law, there have been recent challenges to this concept. In 2019, then-President Donald Trump announced that he was considering ending birthright citizenship, and in 2025, he issued an executive order purporting to deny birthright citizenship to children born to undocumented parents or those with temporary status. However, litigation ensued, and the order was blocked by the courts. Harvard Law School Professor Gerald Neuman has stated that the president has no authority to change citizenship rules and that birthright citizenship is an important aspect of US law, helping to integrate the first generation of immigrants quickly into American society.
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Citizenship by naturalization
The Citizenship Clause, the first sentence of the Fourteenth Amendment to the United States Constitution, states:
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
This clause was adopted on July 9, 1868, and reversed a portion of the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. The Citizenship Clause grants U.S. citizenship to everyone born in the country and subject to its laws, with a few exceptions, such as the children of foreign diplomats.
The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. There are specific categories of individuals born in the country to whom citizenship does not automatically extend. This includes cases where the person's mother was unlawfully present in the United States and the father was not a U.S. citizen or lawful permanent resident at the time of birth. Another exception is when the mother's presence in the U.S. was lawful but temporary (e.g., on a student visa) and the father was not a U.S. citizen or permanent resident.
Naturalization is the process of becoming a U.S. citizen if you were born outside of the country. To apply for naturalization, individuals can file Form N-400 with the U.S. Citizenship and Immigration Services (USCIS). The eligibility requirements for naturalization include being a permanent resident for at least three years if married to a U.S. citizen. The application process involves submitting biometrics and appearing for a naturalization interview, which includes a civics test (U.S. history and government) and an English test. The processing time for naturalization can vary depending on the applicant's location.
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Equality and equal citizenship
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses many aspects of citizenship and the rights of citizens. The Citizenship Clause, the first sentence of the Fourteenth Amendment, is one of the most significant sentences in the Constitution. It states:
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
This clause reversed the infamous Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. The Fourteenth Amendment established a simple national rule for citizenship: if you are born in America, you are a US citizen. This amendment also granted a set of fundamental "privileges or immunities" to American citizens, protecting their rights against abuses by both the federal government and their own state governments.
The Citizenship Clause implies equality by declaring those born on American soil as free and equal citizens. It establishes the priority of national citizenship and requires states to treat all American citizens as full and equal citizens, regardless of the state they reside in. The Fourteenth Amendment also condemns all forms of birth-based caste systems, asserting that all Americans are created and born equal.
While the Citizenship Clause does not explicitly mention "equality," it has been interpreted to have significant implications for equal citizenship. The Fourteenth Amendment's first sentence, in tandem with its last sentence, grants Congress the power to define and protect various badges of citizenship and address private actions that undermine the command of equal citizenship. This power allows Congress to enforce the Amendment's provisions and protect the rights of citizens against both governments and powerful private actors.
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The relationship between citizens and governments
The relationship between citizens and their governments has evolved over time, with the growth of industrialization and changing expectations. The concept of citizenship and the rights and privileges it entails is a key aspect of this relationship, as outlined in the Citizenship Clause of the Fourteenth Amendment to the United States Constitution.
The Citizenship Clause, adopted on July 9, 1868, establishes the principle of national citizenship, stating that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause overturned previous racist interpretations of citizenship, such as the Dred Scott v. Sandford decision, which had denied citizenship to African Americans.
The Fourteenth Amendment's first sentence, in conjunction with its last sentence, grants Congress the authority to define and protect the rights of citizens against both government and private abuses. It also ensures equal citizenship by prohibiting states from abridging the "privileges" and "immunities" of citizens. This amendment elevated national citizenship over state citizenship, guaranteeing that all Americans are equal citizens regardless of their state of residence.
The evolution of citizenship rights and the relationship between citizens and their governments can also be observed in the history of cities like St. Louis. In the early nineteenth century, there was a growing expectation for more active local governments. Citizen patrols were replaced by a police captain, and volunteer fire companies evolved into one of the first formal fire departments in the nation. The city government also took on the responsibility of providing a water system, demonstrating the increasing role of local governments in delivering essential services to citizens.
Additionally, citizens' groups have played a significant role in advocating for specific causes, such as the Citizens' Smoke Abatement League in the 1920s, which successfully pushed for stricter city ordinances to improve air quality. This example illustrates how citizens can influence government actions and shape policies that impact their daily lives.
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Frequently asked questions
The Citizenship Clause, which is the first sentence of the Fourteenth Amendment, states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The Citizenship Clause is considered one of the most significant sentences in the US Constitution. It establishes birthright citizenship, stating that anyone born in the US is a citizen, regardless of their parentage. This clause overruled the Dred Scott case, which had declared that African Americans could not be citizens.
Yes, there are some exceptions to the Citizenship Clause. For example, children of foreign diplomats born in the US are not considered citizens under the clause. Additionally, there are cases where a person's mother was unlawfully present in the US or on a temporary visa, and the father was not a US citizen or permanent resident, the child may not be granted citizenship.
The Citizenship Clause establishes the priority of national citizenship over state citizenship. It requires states to treat all Americans residing within their borders as full and equal citizens, regardless of the state's own citizenship determinations.
