Simone Lawson
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, introduced the Citizenship Clause, which 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 clause was added to address the lack of a clear definition of citizenship in the original Constitution, which allowed states to set their own rules, often discriminating against African Americans and preventing them from attaining citizenship. While the Citizenship Clause affirms birthright citizenship, it does not extend to everyone born in the US, with certain exceptions, such as children of unauthorized immigrants or those with diplomatic immunity. To prove citizenship, individuals can provide documents such as a US passport, identification card, or consular record of birth abroad.
| Characteristics | Values |
|---|---|
| Citizenship Clause | The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868. |
| Citizenship Clause Text | "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." |
| Citizenship Clause Purpose | To prevent its being struck down by the Supreme Court or repealed by a future Congress. |
| Citizenship Clause Impact | The Citizenship Clause reversed the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. |
| Citizenship Acquisition | Birthright in two situations: birth within US territory (jus soli) or having at least one US citizen parent (jus sanguinis). Also through naturalization or marriage. |
| Citizenship Proof | Foreign-born citizens can use a US passport, enhanced driver's license, or identification card. Children born outside the US with US citizenship can use a Consular Report of Birth Abroad (CRBA). |
| Citizenship and States | The Citizenship Clause established that state citizenship is secondary to national citizenship, and that states must treat all American citizens as equal state citizens. |
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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."
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Citizenship Clause
The Citizenship Clause, the first sentence of the Fourteenth Amendment to the United States Constitution, was adopted on July 9, 1868. 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.
The Citizenship Clause was drafted in response to Senator Benjamin Wade's concern that, while the Civil Rights Bill had settled the question of citizenship, there was a danger of the "Government falling into the hands of those who are opposed to the views that some of us maintain". Thus, it was drafted to fortify and make [the citizenship guarantee] very strong and clear.
The Citizenship Clause 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 and enjoyed none of the privileges and immunities of citizenship. The Fourteenth Amendment repudiated this decision, stating that birth in America under the American flag was the primary determinant of American citizenship. This marked an important shift in American identity, as prior to the ratification of the Fourteenth Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, many of which were racist.
The Citizenship Clause also confers state citizenship on national citizens who reside in a state. However, it does not identify the legal benefits that come with that status. It also does not address whether a state may confer state citizenship on anyone who is not a citizen of the United States, or whether national citizenship may be acquired in ways other than birth in the United States or naturalization.
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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, the first sentence of the Fourteenth Amendment, was adopted on July 9, 1868, and 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 marked an important shift in American identity. Before its ratification, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, with many reserving citizenship for whites only. The Fourteenth Amendment established a simple national rule for citizenship: if you are born in America, you are a US citizen. This was also an attempt to overrule the infamous Dred Scott v. Sandford (1857) decision, which declared that African Americans were not and could not become citizens of the United States.
The 1898 Supreme Court case of United States v. Wong Kim Ark established an important precedent in its interpretation of the Citizenship Clause, cementing birthright citizenship for children of all immigrants. For over a century, anyone born on US soil has automatically been conferred citizenship at birth, regardless of their parents' immigration or citizenship status. However, birthright citizenship does not extend to children born to a parent or parents with diplomatic immunity.
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 parents in the country on a temporary visa. However, litigation ensued, and the order was blocked by the courts. Harvard Law School Professor Gerald Neuman says a president has no authority to change United States citizenship rules, and that the Constitution is clear: those born on American soil, even to undocumented parents, are citizens of the United States.
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Naturalized citizens
The Fourteenth Amendment to the US Constitution, adopted on July 9, 1868, 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 overruled the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the US.
If you are a naturalized citizen seeking documentation of your citizenship status, you can place a Freedom of Information Act (FOIA) request to the US Citizenship and Immigration Services (USCIS) to obtain a copy of your A-File and/or request a replacement certificate of citizenship. To apply for a US passport, you will need to provide primary evidence of US citizenship, such as a birth certificate, Consular Report of Birth Abroad (CRBA), or naturalization certificate. If you cannot provide primary evidence, secondary evidence may be accepted, such as a photocopy of your citizenship documentation.
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Dred Scott v. Sandford
The US Constitution does not explicitly require citizens to prove their citizenship. The Citizenship Clause, the first sentence of the Fourteenth Amendment, defines citizenship and the rights that come with it. 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.
However, this clause does not extend citizenship to everyone born in the United States. For example, it does not apply to children born to parents who are not US citizens or lawful permanent residents.
The Citizenship Clause was added to the Constitution in response to the infamous Dred Scott v. Sandford decision in 1857. In this case, the US Supreme Court ruled that enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts. The Court also stated that Congress had no authority to ban slavery in federal territories.
Dred Scott was an enslaved Black man who, along with his wife, Harriet, sued for their freedom in 1846. They argued that they had become free when their owner took them to live in a free territory where slavery was prohibited. The case eventually made its way to the Supreme Court, where Chief Justice Roger Brooke Taney delivered the majority opinion. Taney's opinion stated that a Black man could not be a US citizen and that he had "no rights which the white man was bound to respect." This decision was widely denounced for its overt racism and poor legal reasoning and is considered one of the worst decisions in the Court's history.
The Dred Scott decision was overturned by the Thirteenth and Fourteenth Amendments, which abolished slavery and established birthright citizenship, respectively. The Fourteenth Amendment's Citizenship Clause explicitly repudiated the Dred Scott ruling by declaring that all persons born or naturalized in the United States are citizens with certain fundamental rights.
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Frequently asked questions
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868. 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."
The Citizenship Clause established a national rule for citizenship, ending the practice of individual states setting their own criteria, which often discriminated against African Americans. It also affirmed that national citizenship takes precedence over state citizenship.
For foreign-born citizens, a U.S. passport, an enhanced driver's license, or an identification card can be used to prove citizenship. Citizens born abroad to American parents can use a consular record of birth abroad. Naturalized citizens can also use a certificate of naturalization.
The Fourteenth Amendment is interpreted as endorsing jus soli citizenship, meaning that anyone born in the United States is a citizen. However, there are dissenting views, and the amendment has been challenged in court, particularly regarding the children of unauthorized immigrants born on U.S. soil.
The Dred Scott v. Sandford case in 1857 ruled that African Americans were not eligible for U.S. citizenship, a decision that was later overturned by the Fourteenth Amendment. Another notable case is Mackenzie v. Hare, which involved a woman who claimed that her citizenship was a birthright, even after marrying a foreigner. The Supreme Court ruled against her, stating that her marriage was "tantamount to voluntary expatriation."
