Malcolm Rivera
The Citizenship Clause of the Fourteenth Amendment to the US Constitution defines citizenship as: 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 in the wake of the Civil War, overturning the infamous Dred Scott v. Sandford case, which ruled that free African-Americans, despite being born in the US, could not be citizens. The Citizenship Clause establishes the priority of national citizenship, guaranteeing that anyone born in the US is a citizen, regardless of state laws. It also grants Congress the power to define and protect the privileges and immunities of US citizenship. The interpretation and application of the Citizenship Clause have evolved over time, with ongoing debates about birthright citizenship and the rights of naturalized citizens.
| Characteristics | Values |
|---|---|
| Citizenship Clause | "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." |
| Birthright citizenship | Children born in the US are citizens, except those born to parents with diplomatic immunity or those on US soil temporarily |
| Naturalization | The process by which immigrants are granted US citizenship |
| Fourteenth Amendment | All persons are granted citizenship, not just African Americans |
| Racial equality | The right of racial equality of all citizens applies against federal officials and states |
| Congress powers | Congress can define and protect badges of citizenship and regulate immigration |
| State citizenship | A state must treat any American residing in that state as a full and equal state citizen |
| Expatriation | The Fourteenth Amendment forbids involuntary expatriation of naturalized persons |
| Voting rights | States can confer political rights, such as the right to vote, to resident aliens |
| Requirements | Loyalty, good moral character, barring subversives, terrorists, and criminals from citizenship |
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What You'll Learn
Birthright citizenship
The Fourteenth Amendment to the US Constitution guarantees birthright citizenship to everyone born on US territory, regardless of race or the status of their parents. The Citizenship Clause of the 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 Amendment was designed to eliminate the existence of a class of people who were subject to American law but excluded from American legal rights. The use of jus soli, or 'right of the soil', to confer citizenship to those born on US soil was intended to ensure that all those born within the country's territory, regardless of race, would be citizens.
The concept of jus soli was inherited from Great Britain during the colonisation of North America, and the first states adopted this rule. The 1844 New York court case of Lynch v. Clarke was one of the first cases to address the concept of jus soli in the US. Julia Lynch was born in New York to two Irish parents who were temporary visitors in the US. Soon after her birth, Lynch and her family returned to Ireland without declaring an intent to be naturalized. A US court later used the principle of jus soli to decide that she was an American citizen at the time of her birth, despite her prolonged residence in Ireland after birth.
The Fourteenth Amendment's Citizenship Clause has been interpreted as having implications for the relationship between citizens and governments, as well as between citizens themselves. The Amendment also marked an important shift in American identity, establishing the priority of national citizenship over state citizenship.
There have been attempts to restrict birthright citizenship, most notably by former US President Donald Trump, who issued an executive order on his first day in office aimed at ending birthright citizenship for babies of undocumented immigrants. This was blocked in court and deemed unconstitutional.
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Naturalization
The Citizenship Clause of 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 clause was established to protect the rights of African Americans following the infamous Dred Scott v. Sandford case, in which the Supreme Court ruled that free African Americans, despite being born in the United States, were not citizens.
The Citizenship Clause entrenched the principle of birthright citizenship, which holds that anyone born in the United States is a citizen from birth, except for children of foreign diplomats or those born on vessels in US territorial waters, whose citizenship is determined by their parents. This principle was further affirmed in the case of United States v. Wong Kim Ark, where the Supreme Court ruled that any child born in the US is a citizen, regardless of their parents' citizenship status, with the exception of children born to parents with diplomatic immunity.
- Determine eligibility: Before applying, individuals must ensure they meet the eligibility requirements for naturalization, which include factors such as marriage to a US citizen, military service, or being a child of a US citizen.
- Prepare Form N-400: Applicants need to complete and submit Form N-400, Application for Naturalization, along with the required documentation and biometrics.
- Interview: Once the preliminary processes are complete, USCIS will schedule an interview, during which the applicant may be required to take an English and civics test.
- Decision: USCIS will mail a notice of their decision regarding the application. If approved, the applicant may proceed to the next step. If denied, the applicant may need to provide additional evidence or reapply.
- Oath of Allegiance: If the Form N-400 is approved, the applicant will receive a notification to take the Oath of Allegiance at a naturalization ceremony, where they will officially become a US citizen.
The naturalization process can vary in duration depending on the applicant's location and specific circumstances. It is important to carefully follow the guidelines provided by USCIS to ensure a smooth application process.
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Fourteenth Amendment
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, as one of the Reconstruction Amendments, addresses citizenship rights and equal protection under the law at all levels of government. It was a response to issues affecting freed slaves following the American Civil War.
The Citizenship Clause of the Fourteenth Amendment, found in Section 1, establishes birthright citizenship and citizenship by naturalization. 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 was intended to overturn the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Fourteenth Amendment also granted citizenship to the children of foreign diplomats and lawful permanent residents, regardless of their race or nationality.
The Citizenship Clause marked a significant shift in American identity. Before the Fourteenth Amendment, the Constitution did not provide a clear definition of citizenship, allowing states to set their own rules, often based on race. The Fourteenth Amendment established a simple national rule: if you are born in America, you are a US citizen. This amendment also conferred state citizenship on national citizens residing in a state.
The Fourteenth Amendment has been interpreted to exclude from birthright citizenship those born in the United States but not "subject to the jurisdiction thereof." For example, children born to undocumented immigrant parents or to temporary visitors may not automatically acquire citizenship. The amendment also does not address the acquisition of state citizenship by those who are not US citizens or the acquisition of national citizenship through means other than birth in the US or naturalization.
The Fourteenth Amendment's first sentence, along with its last sentence, grants Congress broad powers to define and protect the rights of citizens against governments and private actors. It also affirms that all citizens are created equal, condemning racial and other birth-based caste systems. The amendment has been frequently litigated, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (prohibiting racial segregation in public schools) and Loving v. Virginia (ending interracial marriage bans).
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Supreme Court interpretations
The Supreme Court has interpreted the Citizenship Clause of the Fourteenth Amendment as guaranteeing birthright citizenship to anyone born on US soil, regardless of their parents' immigration or citizenship status. This interpretation was established in the 1898 case of United States v. Wong Kim Ark, where the Court held that the Fourteenth Amendment grants citizenship to all persons born in the country without regard to race or nationality. The Court characterised the statement, "All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States" as "the broad and clear words of the Constitution".
The Supreme Court's interpretation of the Citizenship Clause has evolved over time, addressing various aspects of citizenship and the rights and privileges it confers. In the infamous Dred Scott v. Sandford case in 1857, the Court ruled that a black man could not be a United States citizen, declaring that he had "no rights which the white man was bound to respect". This decision was later rectified by the Fourteenth Amendment, which was enacted following the Civil War to guarantee certain rights for African Americans.
The Supreme Court has also played a role in defining the limitations of citizenship and the government's ability to restrict or revoke it. In Elk v. Wilkins (1884), the Court held that Native American tribes were "alien nations", and their members were not considered "subject to the jurisdiction of the United States". This decision was later overturned by the Indian Citizenship Act of 1924, which granted Native Americans full citizenship rights.
In addition, the Supreme Court has ruled on the government's power to strip citizenship. In Affroyim v. Rusk, the Court determined that Congress did not have the authority to revoke citizenship under the Nationality Act of 1940, which stated that US citizens who voted in foreign elections would lose their citizenship. The Court upheld the principle that the Fourteenth Amendment protects citizens from any "congressional forcible destruction" of their citizenship.
The Supreme Court's interpretations of the Citizenship Clause have had a significant impact on the legal understanding of citizenship in the United States, shaping the rights and protections afforded to citizens and setting precedents for future cases involving citizenship and civil rights.
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Congress's power
Citizenship in the US Constitution is defined by the Citizenship Clause, 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.
The Citizenship Clause was introduced by the Fourteenth Amendment, which sought to prevent the Supreme Court or a future Congress from striking it down. The Fourteenth Amendment's first sentence, in tandem with its last sentence, gives Congress the broad power to define and protect various badges of citizenship against both governments and powerful private actors.
Congress has exclusive power over naturalization, which is the process by which immigrants are granted US citizenship. This power is granted by the Naturalization Clause in Article I, Section 8, Clause 4 of the Constitution. Congress may also devolve the power to naturalize aliens under federal standards to state courts of record. While states cannot prescribe requirements for citizenship, they may confer rights, including political rights, to resident aliens. Citizenship by naturalization can be withheld or given as Congress determines.
Congress has passed laws that strip citizens of their citizenship for committing treason, deserting the armed forces in wartime, leaving the country to evade the draft, or attempting to overthrow the government by force or violence. Congress has also enacted laws to hold the citizenship of women who marry foreign citizens "in abeyance" during their marriage, with the entitlement to reclaim it upon the marriage's dissolution.
Congress has also conferred citizenship collectively through congressional action, such as the naturalization of all residents of an annexed territory or of a territory made a state.
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Frequently asked questions
The Citizenship Clause is a sentence in the Fourteenth Amendment to the US Constitution, 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."
The Citizenship Clause establishes the principle of birthright citizenship, which grants US citizenship to anyone born in the country and subject to its laws. It also establishes the priority of national citizenship, meaning that anyone born in the US is a citizen regardless of the state they reside in.
The Citizenship Clause does not apply to children born to parents with diplomatic immunity, as they are not considered "subject to the jurisdiction" of the US. It also does not apply to children born to non-citizen parents when the mother is unlawfully present in the US or when the mother's presence is lawful but temporary and the father is not a US citizen or lawful permanent resident.
Yes, US citizenship can be revoked in certain circumstances. For example, citizenship can be revoked for naturalized citizens who do not meet conditions such as loyalty and good moral character, or for those who have committed crimes or acts of terrorism.
