Isabella Carter
The Citizenship Clause of the Fourteenth Amendment to the US Constitution, ratified in 1868, was a response to the Dred Scott v. Sandford decision, which declared that African Americans were not and could never become citizens. The Fourteenth Amendment established birthright 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 marked a shift in American identity, prioritizing national citizenship over state citizenship and extending rights to formerly enslaved people. However, the amendment's effectiveness in protecting the rights of African Americans was limited due to legal challenges and the resurgence of states' rights.
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause of the Fourteenth Amendment provides the basic rule regarding the acquisition of citizenship of the United States. 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 clause also confers state citizenship on national citizens who reside in a state. It is important to note that this clause does not identify the legal benefits that come with this status.
Prior to the Fourteenth Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules. Many states reserved citizenship for whites, excluding African Americans, even those born in the state. The Fourteenth Amendment made Americans citizens of the nation first and foremost, establishing a simple national rule for citizenship: if you are born in America, you are a US citizen.
While the Fourteenth Amendment granted citizenship to formerly enslaved people, it has never been interpreted to extend citizenship universally to everyone born within the United States. There are exceptions, such as children born to parents who are not citizens or are unlawfully present in the country.
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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 of the Fourteenth Amendment provides a basic rule regarding the acquisition of 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 marked an important shift in American identity, as it established a simple national rule for citizenship, overriding state-by-state determinations that often discriminated against African Americans.
The Fourteenth Amendment and the Citizenship Clause have been interpreted to mean that anyone born in America is a citizen, regardless of their parents' citizenship or immigration status. This interpretation was cemented by the 1898 Supreme Court case United States v. Wong Kim Ark, which established birthright citizenship for children of all immigrants. This precedent has been upheld for over a century, with legal scholars across the political spectrum agreeing on this interpretation.
However, there have been recent attempts to restrict birthright citizenship, particularly for children born to undocumented immigrants or those with temporary status. In 2019, then-President Donald Trump stated that he intended to end birthright citizenship, and on his first day in office in 2025, he issued an executive order to this effect. This order was blocked by litigation and deemed unconstitutional by courts.
The United States is not alone in its use of birthright citizenship; many nations use a combination of citizenship through ancestry and citizenship by place of birth. However, the United States is unique in its unrestricted use of birthplace-based citizenship, also known as jus soli or "right of the soil". This principle was first addressed in the 1844 New York court case Lynch v. Clarke, which ruled that a person born on U.S. soil was an American citizen, regardless of their prolonged residence outside the country after birth.
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State citizenship
The Citizenship Clause of the Fourteenth Amendment addresses the issue of citizenship in the US Constitution. The Clause establishes a basic rule regarding the acquisition of US citizenship, conferring state citizenship on national citizens residing in a state.
Before the Fourteenth Amendment, the Constitution recognised both state and national citizenship, but it did not provide a set definition of citizenship, allowing states to set their own rules. Many states restricted state citizenship to whites, classifying African Americans, even those born in the state, as mere "inhabitants." This meant that state-level citizenship determinations often influenced who became a US citizen.
The Fourteenth Amendment changed this by prioritising national citizenship and establishing a uniform rule: anyone born in the United States under its jurisdiction is a US citizen, regardless of their parents' immigration status or race. This marked a shift from the law of blood, prevalent in many European countries, to the law of soil as the basis for constitutional citizenship in America.
The Citizenship Clause, however, does not specify the legal benefits of being a state citizen. It also leaves open questions about acquiring state citizenship for those who are not US citizens and the rights associated with national citizenship acquired through birth in the country or naturalisation.
When applying for a US passport, individuals must provide evidence of their US citizenship. The type of evidence required depends on whether the person was born in the United States or acquired citizenship through other means, such as adoption or through their US citizen parents. Obtaining a passport may require submitting primary evidence, such as a birth certificate, or secondary evidence if primary evidence is unavailable.
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National citizenship
The Fourteenth Amendment to the U.S. Constitution, ratified in 1868, was a major step in addressing the issue of citizenship. The Citizenship Clause, part of this amendment, established the principle of birthright 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 marked a shift from the pre-Civil War era, where only some persons born or naturalized in the U.S. were considered citizens, and the Constitution did not provide a clear definition of citizenship, allowing states to set their own rules, often with racist implications.
The Fourteenth Amendment was specifically intended to overturn the Dred Scott v. Sandford decision, which had declared that African Americans were not and could never become citizens of the United States. The amendment granted citizenship to formerly enslaved people, and it established that Americans were citizens of the nation first and foremost, rather than citizens of individual states. This amendment also brought with it a set of fundamental "privileges or immunities," rights protected against abuses by the states.
However, it is important to note that the Fourteenth Amendment did not extend citizenship to Native Americans, who were not legally declared U.S. citizens until the Indian Citizenship Act of 1924. Additionally, despite the amendment's intentions, legal challenges and Supreme Court rulings in the late 19th and early 20th centuries undermined its effectiveness in protecting the rights of African Americans, leading to segregation and racial discrimination.
The Fourteenth Amendment's Citizenship Clause also differs from the laws of many European countries, which often base citizenship on parentage rather than place of birth. In the U.S., birthright citizenship is based on the law of the soil, meaning that anyone born in America is a citizen, regardless of their parents' immigration status or legality of presence in the country. This aspect of the Fourteenth Amendment has been a subject of interpretation and discussion by constitutional scholars and historians.
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African Americans' rights
The U.S. Constitution, upon its ratification in 1788, did not restrict citizenship based on race. However, it also did not address the rights of African Americans, and the 3/5ths clause effectively counted enslaved people as only partial citizens. The 13th Amendment, ratified in 1865, abolished slavery but did not resolve questions about the status of newly freed African Americans.
The 14th Amendment, passed in 1866, granted citizenship to formerly enslaved Americans and provided a definition of 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 marked a significant shift in American identity, establishing a national rule for citizenship that superseded individual state determinations, many of which had reserved citizenship for whites only. The 14th Amendment also included provisions for voting rights and representation in Congress, amending the 3/5ths clause to state that population counts would be based on the "whole number of persons" in a state.
However, the 14th Amendment did not automatically translate into voting rights for African Americans. The 15th Amendment, ratified in 1870, established the constitutional right to vote for African American males. Despite this, many states continued to find ways to restrict the voting rights of Black citizens, including through "grandfather clauses" and literacy tests. It would take further amendments, such as the 19th Amendment in 1920, and ongoing activism by groups like the National Association for the Advancement of Colored People (NAACP), to secure and protect the voting rights of African Americans.
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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 was added to the Constitution to address the issue of citizenship and to provide a clear rule regarding the acquisition of citizenship. Prior to the Fourteenth Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, often based on race. The Citizenship Clause established the principle of birthright citizenship, stating that anyone born in the United States is a citizen, regardless of their parents' immigration status or race.
Despite the Fourteenth Amendment's intention to protect the rights of citizens, it has faced several challenges and has not always been effective in practice. For example, the 1876 Cruikshank ruling and the 1873 Slaughterhouse Cases allowed state legislatures to pass laws restricting citizenship rights, particularly those of African Americans. Additionally, white supremacists and supporters of segregation used violence, voter suppression, and legal challenges to undermine the Fourteenth Amendment and restrict the rights of African Americans.
