Isabella Carter
The United States Constitution requires that all members of the House of Representatives be citizens for seven years, and that all senators be citizens for nine years before taking office. The Constitution also requires that one be a “natural-born citizen” and a US resident for 14 years to be eligible for the office of the President or Vice President. The Fourteenth Amendment to the Constitution, also known as the Citizenship Clause, guarantees birthright citizenship to those born in the US and naturalised citizens.
| Characteristics | Values |
|---|---|
| Citizenship Clause | The Citizenship Clause of the Fourteenth Amendment of the Constitution states 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."The Fourteenth Amendment does not extend citizenship universally to everyone born within the United States.Birthright citizenship is guaranteed by the Fourteenth Amendment, granting citizenship to any person born within the United States.The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States "not subject to any foreign power"The Citizenship Clause does not apply to persons born in the U.S. whose mother was unlawfully present in the country or whose mother's presence was lawful but temporary, and whose father was not a U.S. citizen or lawful permanent resident at the time of birth. |
| Citizenship of the United States | Citizenship of the United States is a legal status that entails specific rights, duties, protections, and benefits, such as freedom of expression, due process, the right to vote, live and work in the United States, and receive federal assistance.There are two primary sources of citizenship: birthright citizenship and naturalization.Citizenship was historically limited on racial grounds, excluding individuals of African descent.The United States Constitution requires that members of the House of Representatives have been citizens for seven years, and that senators have been citizens for nine years before taking office.The Constitution also requires that the President and Vice President be natural-born citizens and residents of the United States for fourteen years, in addition to meeting certain age requirements.Many federal government jobs require applicants to have United States citizenship.Jury duty is imposed only upon citizens.U.S. citizens are subject to federal income tax on worldwide income regardless of their country of residence.Citizenship applications require permanent residents to have lived in the U.S. for five years (three if married to a U.S. citizen), be of "good moral character," be of "sound mind," have a knowledge of the Constitution, and be able to speak and understand English unless elderly or disabled. |
Explore related products
What You'll Learn
The Fourteenth Amendment
The interpretation and application of the Fourteenth Amendment have been the subject of debate and litigation. For example, the Supreme Court considered the "jurisdiction" requirement in cases such as Elk v. Wilkins, which dealt with the citizenship status of Native Americans, and United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens.
God and the Constitution: The "Under God" Debate
You may want to see also
Birthright citizenship
The concept of birthright citizenship, also known as jus soli, has been a part of the United States since its early modern European colonisation. The Citizenship Clause 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."
However, the Fourteenth Amendment has never been interpreted to extend citizenship to everyone born in the United States. For example, in the 1857 Dred Scott v. Sandford case, the Supreme Court held that free African-Americans, though born in the United States, could not be citizens. This decision was later repudiated by the Fourteenth Amendment, but it highlights that the interpretation of birthright citizenship has been contested throughout US history.
In recent years, there have been further challenges to birthright citizenship. President Donald Trump has issued executive orders that aim to deny citizenship to children born to undocumented parents or those with temporary visas. Trump's challenge to birthright citizenship has been criticised as xenophobic and an attempt to create a more mutable type of citizenship. However, legal experts like Harvard Law School Professor Gerald Neuman argue that the president has no authority to change citizenship rules and that birthright citizenship is protected by the Constitution.
Understanding the Core Duties of US Congress
You may want to see also
Naturalization
The original U.S. Constitution, adopted in 1789, mentions the concepts of state and national citizenship, but the details were unclear. Article III, which deals with the judiciary, assumes that some people have state citizenship as it gives federal courts jurisdiction over controversies between citizens of different states. Article II provides that only a natural-born citizen of the United States or a citizen at the time of the Constitution's adoption may be President, thus assuming some people have national citizenship.
The Fourteenth Amendment, drafted in response to concerns about the constitutionality of the Civil Rights Act of 1866, 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 repudiated the Dred Scott v. Sandford decision, which misinterpreted the Constitution as excluding people of African descent from eligibility for citizenship based on their race.
Benefits of U.S. citizenship include the right to remain in the country, eligibility for a U.S. passport, the right to vote and hold elected office, and the ability to avoid green card renewal fees. It is important to note that birthright citizenship for children born abroad to U.S. citizen parents is defined separately in federal law, and the "jurisdiction" requirement has been considered in multiple Supreme Court cases.
James Madison's Constitution: Love or Loathe?
You may want to see also
Explore related products
Voting rights
The Fourteenth Amendment states 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 amendment was passed to repudiate the Supreme Court's decision in Dred Scott v. Sandford, which held that free African-Americans, though born in the United States, could not be citizens. The Fourteenth Amendment has been interpreted to guarantee birthright citizenship and ensure that all citizens have the right to vote.
However, it is important to note that voting rights have been restricted throughout history, and there are still some restrictions in place today. For example, voting for federal office is restricted to citizens only in all fifty states and the District of Columbia. Additionally, some states bar citizen felons from voting, even after they have completed their sentence. There are also requirements that citizens must meet to be eligible to vote, such as age requirements.
In some cases, non-citizens have been allowed to vote in local elections in certain places, such as in San Francisco, where non-citizen parents are permitted to vote in school board elections. However, these cases are limited, and non-citizens are generally not permitted to vote in local, state, or federal elections.
Overall, while the Constitution does not explicitly mention voting rights, the right to vote is derived from and protected by the Constitution and is considered a fundamental right of United States citizens.
Equality Under the Constitution: Are Men and Women Equal?
You may want to see also
Eligibility for the presidency
The United States Constitution requires that a person be a "
The concept of citizenship was mentioned in the original U.S. Constitution, but the details were unclear. The Fourteenth Amendment, passed after the Civil War, clarified the issue of citizenship. It states 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 amendment was also in response to the Dred Scott v. Sandford case, in which the Supreme Court held that free African-Americans, despite being born in the United States, could not be citizens.
The Citizenship Clause of the Fourteenth Amendment specifies that birthright citizenship, or citizenship by birth in the United States, is one of two pathways to citizenship. The other is naturalization, a process where eligible legal immigrants apply for citizenship. Birthright citizenship is further divided into jus soli, or citizenship based on place of birth, and jus sanguinis, or ancestry-based citizenship, where individuals born abroad to U.S. citizen parents are granted citizenship.
While the Fourteenth Amendment guarantees birthright citizenship, it does not extend it universally to everyone born in the United States. For example, children born to parents who are not U.S. citizens or lawful permanent residents may not automatically be granted citizenship. Additionally, the amendment has been subject to attacks and attempts at repeal, most notably by former President Donald Trump, who aimed to end birthright citizenship for babies of undocumented immigrants.
The USS Constitution: Civil War's Veteran Ship
You may want to see also
Frequently asked questions
Yes, the US Constitution requires that all members of the United States House of Representatives have been citizens for seven years, and that all senators have been citizens for nine years, before taking office.
There are two primary sources of citizenship: birthright citizenship and naturalization. Birthright citizenship is further divided into jus soli or birthplace-based citizenship, and jus sanguinis or ancestry-based citizenship. Naturalization is a process in which an eligible legal immigrant applies for citizenship.
The US Constitution requires that one be a "natural-born Citizen" and a US resident for 14 years to be eligible for the presidency.
