Eleanor Finch
The topic of citizenship in the United States Constitution has been a subject of debate and interpretation, with the Fourteenth Amendment being a pivotal text in this discussion. The Citizenship Clause of this amendment addresses 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, ratified after the Civil War, established birthright citizenship, overturning the infamous Dred Scott v. Sandford decision, which had denied citizenship to African Americans. While the Fourteenth Amendment has been central to defining citizenship, it has also faced challenges and controversies, especially regarding immigration and the original intent of the amendment.
| Characteristics | Values |
|---|---|
| Basis of citizenship | Place of birth, not parentage |
| Citizenship Clause | All persons born or naturalized in the US are citizens of the US and the state they reside in |
| Fourteenth Amendment | Extended rights and liberties to formerly enslaved people |
| Birthright citizenship | Guaranteed by the Fourteenth Amendment |
| Acquisition of citizenship | Through birth in the US or naturalization |
| State and national citizenship | Recognized by the Constitution |
| Rights and protections | Due process, equal protection under the law |
| Limitations | Does not address legal benefits of citizenship |
| Jurisdiction | Does not include those born to undocumented immigrants or temporary residents |
| Congressional power | Ability to regulate naturalization and immigration |
| Historical context | Addressing pre-Civil War controversies, post-Civil War reconstruction |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause, which forms the first sentence of the Fourteenth Amendment, broadly defines citizenship. 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 affirmed that birthright citizenship is based on the law of the soil, not the law of blood, meaning that anyone born in America is a citizen, regardless of their parents' immigration status.
The Citizenship Clause also confers state citizenship on national citizens who reside in a state. However, it does not address the legal benefits that come with this status. Additionally, it leaves some questions unanswered, such as whether a state can confer state citizenship on non-US citizens, and whether national citizenship can be acquired through means other than birth in the US or naturalization.
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Birthright citizenship
The concept of birthright citizenship is enshrined in the Fourteenth Amendment to the US Constitution. 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 principle was further confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the US to immigrant parents are citizens, regardless of their parents' immigration status.
The Citizenship Clause resolves a question that was hotly contested before the Civil War. The concepts of state and national citizenship were mentioned in the original Constitution, but the details were unclear. Before the Civil War, only some persons born or naturalized in the US were considered citizens, according to various applicable state and federal laws and court decisions. The Fourteenth Amendment was adopted on July 9, 1868, and it repudiated 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 guarantees birthright citizenship, which is based on the principle of jus soli, or "right of the soil". This means that citizenship is determined by place of birth rather than parentage or immigration status. This is in contrast to the law of many European countries, which is based on the "law of blood" where citizenship is determined by one's parents' citizenship.
However, birthright citizenship has faced opposition and challenges, particularly regarding the children of undocumented immigrants. Some have argued that the Fourteenth Amendment is unclear or unsettled on this issue. In 2025, the White House issued an order stating that US citizenship does not automatically extend to persons born in the US when their mother was unlawfully present or temporarily in the country, and their father was not a US citizen or lawful permanent resident. This order, however, did not affect the entitlement of children of lawful permanent residents to obtain documentation of their US citizenship.
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Immigration status of parents
The Fourteenth Amendment to the US Constitution, also known as the Citizenship Clause, 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 adopted on July 9, 1868, and it addresses the issue of citizenship by providing a basic rule for acquiring citizenship.
The Citizenship Clause establishes that constitutional birthright citizenship is based on the law of the soil, not the law of blood. This means that anyone born in America is a citizen, regardless of their parent's immigration status or whether their parents are in the country legally. This clause overturned the Dred Scott v. Sandford decision, which had declared that African Americans were not citizens and could not become citizens of the United States.
The US Constitution, as originally adopted, assumes the existence of US citizenship and state citizenship but does not provide explicit rules for determining citizenship. The Citizenship Clause of the Fourteenth Amendment clarifies that individuals can hold both national and state citizenship.
Children residing outside the United States may acquire citizenship through their parents under specific conditions outlined in the Immigration and Nationality Act (INA). According to Section 320 of the INA, a child born outside the US automatically becomes a citizen if they have at least one parent who is a US citizen by birth or naturalization, reside in the US in the legal and physical custody of the US citizen parent, and meet other eligibility requirements.
Additionally, the Child Citizenship Act of 2000 grants automatic citizenship to an adopted child immigrating to the United States, and their parent may apply for proof of their child's citizenship. US citizens can also file immigrant visa petitions for their children, parents, or other close family members to facilitate family immigration.
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State and national citizenship
The Citizenship Clause of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, 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 a response to the Dred Scott v. Sandford decision, which declared that African Americans were not and could never become citizens of the United States.
The Fourteenth Amendment established birthright citizenship in the United States, guaranteeing that every child born "within the jurisdiction of the United States" is a US citizen, regardless of their parents' immigration or citizenship status. This form of citizenship is based on the law of the soil, not the law of blood, as in many European countries. The Citizenship Clause also confers state citizenship on national citizens who reside in a state.
The Fourteenth Amendment did not create state or national citizenship, and it does not address the rights that come with these statuses. The original US Constitution, adopted in 1789, mentioned the concepts of state and national citizenship, but did not provide a clear and comprehensive rule for determining either. Article III, which deals with the judiciary, assumes state citizenship by giving federal courts jurisdiction over controversies between citizens of different states. Article II assumes national citizenship by stating that only a natural-born citizen of the United States may be President.
The Fourteenth Amendment has been the subject of controversy in recent years, with some arguing that it was intended solely to grant citizenship to formerly enslaved African Americans. Others, including President Donald Trump, have sought to end birthright citizenship for certain US-born children, particularly those of undocumented immigrants. However, the Supreme Court has held that the Fourteenth Amendment applies to anyone born on US soil, and Congress does not have the power to strip away citizenship.
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Congress and citizenship
The original US Constitution, adopted in 1789, mentions the concepts of state and national citizenship, but does not lay down a clear rule about either kind of citizenship. The Citizenship Clause of the Fourteenth Amendment, ratified in 1868, establishes birthright citizenship for anyone born on US soil, including the Continental United States, Alaska, Hawaii, US Territories and Commonwealth. 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 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 also nationalized the Bill of Rights, making it binding on the states.
The Fourteenth Amendment was passed by Congress in 1866 and ratified in 1868, in the aftermath of the Civil War. It was part of Congress's Reconstruction program to guarantee equal civil and legal rights to Black citizens. The Citizenship Clause was intended to confer citizenship on formerly enslaved persons, but the Supreme Court has held that it applies to anyone born on US soil, regardless of their parents' immigration or citizenship status. This interpretation was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark.
The Fourteenth Amendment does not address the rights that come with citizenship, and it leaves open some questions concerning the acquisition of state and national citizenship. Congress has broad powers to pass legislation to regulate naturalization under the Constitution, and it has the power to enforce the provisions of the Fourteenth Amendment. However, Congress does not have the power to strip away citizenship, as this would go against the Amendment's intention to protect citizens from "congressional forcible destruction" of their citizenship.
In recent years, there have been attacks on birthright citizenship at the federal and state levels, including attempts to repeal the Fourteenth Amendment and refuse to issue birth certificates to children of undocumented immigrants. President Trump attempted to sign an executive order to end birthright citizenship for babies of undocumented immigrants, but this was blocked in court.
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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.
The Citizenship Clause 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 created to reverse 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 also helped extend liberties and rights granted by the Bill of Rights to formerly enslaved people.
Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth. In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment and applies to anyone born on U.S. soil, regardless of their parent's immigration or citizenship status.
The Fourteenth Amendment was designed to protect citizens from any “congressional forcible destruction” of their citizenship. However, there have been legal challenges to birthright citizenship, including President Trump's executive order to end birthright citizenship for certain U.S.-born children, which was blocked in court.
