Omar Bennett
The word citizen is mentioned several times in the United States Constitution, including in the Citizenship Clause of the Fourteenth Amendment, 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 the Constitution in 1868 to overturn the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become US citizens. The concept of citizenship in the Constitution also includes the Naturalization Clause in Article I, Section 8, Clause 4, which grants Congress the power to grant citizenship, and the eligibility requirements for the presidency in Article II, which specifies that only natural-born citizens can hold the office.
| Characteristics | Values |
|---|---|
| Number of times "citizen" is mentioned in the U.S. Constitution | Unclear, but the concept of citizenship is mentioned multiple times |
| First mention of "citizen" in the Constitution | Article I, Section 8, Clause 4 (Naturalization Clause) |
| First mention of "citizenship" in the Constitution | Article II, which states that only a natural-born citizen can be President |
| Citizenship Clause | The Citizenship Clause is part of the Fourteenth Amendment, 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." |
| Purpose of the Citizenship Clause | To reverse the Dred Scott v. Sandford decision, which declared that African Americans were not and could not become U.S. citizens |
| Exceptions to the Citizenship Clause | Native Americans and children of foreign diplomats are not automatically granted citizenship |
| Interpretation of the Citizenship Clause | The exact interpretation is subject to debate, and there are questions about the acquisition of state and national citizenship |
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What You'll Learn
The Fourteenth Amendment
The Due Process Clause of the Fourteenth Amendment applies the principles of the Fifth Amendment to state governments. The Equal Protection Clause was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of the southern states' Black Codes. The Insurrection Clause disqualifies candidates for state or federal offices if they previously took an oath to support the Constitution but then engaged in insurrection or rebellion against the United States.
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The Citizenship Clause
The clause also addresses the issue of state and national citizenship. It confers state citizenship on national citizens residing in a state, but it does not specify the legal benefits associated with this status. The original U.S. Constitution, adopted in 1789, recognised both state and national citizenship, but the details were unclear, leading to controversies before the Civil War. The Fourteenth Amendment provides a basic rule regarding the acquisition of U.S. citizenship, filling a gap in the original Constitution.
While the Citizenship Clause was a step forward, it did not create citizenship or define the rights that come with it. It leaves open questions about the acquisition of state and national citizenship and does not address how national citizenship may be acquired other than through birth or naturalisation. The interpretation and scope of the clause remain a matter of political controversy, with ongoing debates about the legal benefits and congressional powers associated with citizenship.
In conclusion, the Citizenship Clause of the Fourteenth Amendment played a crucial role in shaping post-Civil War America by establishing a rule for acquiring U.S. citizenship and granting citizenship to all persons born or naturalized in the country. However, it also left unresolved questions and continues to be a subject of interpretation and debate in the legal and political spheres.
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Who is a citizen?
The word "citizen" is mentioned in the US Constitution in the Citizenship Clause of the Fourteenth Amendment, which was adopted on July 9, 1868. This clause 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 a significant addition to the Constitution, as it reversed the Dred Scott v. Sandford decision, which had ruled that African Americans could not be considered citizens of the United States.
So, who is a citizen? A citizen is a native or naturalized individual who owes allegiance to a government and is entitled to governmental protection and the exercise of civil rights. Citizenship is a legal status that entails specific rights and duties, which can vary depending on the nation. For example, in some countries, citizenship confers the right to vote, hold government offices, and collect unemployment insurance payments. It is important to note that living in a country does not automatically make one a citizen; citizens of one country living in another are typically referred to as aliens, and their rights and duties are determined by political treaties and local laws.
In the United States, aliens must obey the laws, pay taxes, and register with the government to obtain permission to stay long-term. They are also entitled to legal protection, access to courts, owning property, conducting business, and attending public schools. However, they cannot vote or hold government office. There is also a category of “noncitizen national," which refers to individuals who owe permanent loyalty to the United States but do not have all the rights of citizens.
Citizenship can be gained by meeting the legal requirements of a national, state, or local government. It is a form of membership in a community, and it grants certain rights and privileges to those who acquire it. In return, citizens are expected to obey their country's laws and defend it. Citizenship can also refer to membership in a specific state or city, with corresponding rights and privileges.
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The Supreme Court
The exact phrase "citizens of the United States" is mentioned in the Constitution of the United States in Article III, which deals with the judiciary, and in the Fourteenth Amendment, also known as the Citizenship Clause. The concept of citizenship is also mentioned in Article II, which states that only a natural-born citizen of the United States or a citizen of the United States at the time of the Constitution's adoption can become President.
Interpreting the Citizenship Clause: The Fourteenth Amendment, adopted in 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." The Supreme Court has interpreted this clause in cases such as Elk v. Wilkins (1884), which held that Native Americans born within tribal nations were not automatically American citizens.
Protecting Civil Rights: The Supreme Court has the power of judicial review, which means it can strike down laws that violate the Constitution, including those related to citizenship rights. This power was established in the case of Marbury v. Madison (1803), where the Court affirmed the supremacy of the Constitution over Acts of Congress.
Ruling on Citizenship Controversies: The Supreme Court has original jurisdiction over certain cases, including suits between two or more states and cases involving ambassadors. It also has appellate jurisdiction over a wide range of cases involving constitutional and federal law. This includes controversies between citizens of different states, or between citizens and other states, where the Court can interpret and enforce citizenship rights.
Applying the Bill of Rights: Before the Fourteenth Amendment, the Bill of Rights only applied to the federal government. After its passage, the Supreme Court ruled that most provisions of the Bill of Rights were also applicable to the states, expanding the Court's role in protecting the rights of citizens at the state level.
Ensuring Checks and Balances: As the highest court in the land, the Supreme Court ensures that each branch of government recognizes its limits. This includes reviewing laws and acts related to citizenship to ensure they comply with the Constitution and do not exceed the powers granted to Congress or the Executive Branch.
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Congress and citizenship
The concept of citizenship in the United States has been a subject of debate and interpretation since the country's founding. While the Constitution assumes the existence of both state and national citizenship, it does not provide a clear and comprehensive rule for determining who is a citizen of either entity. This ambiguity led to controversies, such as the infamous Dred Scott v. Sandford case in 1857, where the Supreme Court declared that African Americans were not and could not become citizens of the United States, contradicting the reality of free blacks being considered citizens in several states at the time.
The Citizenship Clause, the first sentence of the Fourteenth Amendment, was adopted in 1868 to address these issues. 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 Dred Scott decision and marked a significant shift in American identity, granting citizenship to all persons born in the country and subject to its laws, regardless of race.
Congress has played a crucial role in interpreting and enforcing citizenship rights. Under the Naturalization Clause in Article I, Section 8, Clause 4 of the Constitution, Congress has the power to naturalize citizens. The first naturalization act enacted by Congress restricted naturalization to "free white persons," but this was expanded in 1870 to include persons of "African nativity and descent." Congress has also enacted laws to revoke citizenship in cases of treason, desertion during wartime, draft evasion, and attempts to overthrow the government.
However, the interpretation and application of citizenship have continued to evolve. In the 1884 case of Elk v. Wilkins, the Court held that Native Americans born as citizens of recognized tribal nations were not automatically American citizens, creating an exception to the Citizenship Clause. Additionally, the Trump administration challenged birthright citizenship, arguing that the Constitution does not guarantee citizenship to babies born in the U.S. to parents who entered the country illegally or were temporary residents. This led to debates about the power of federal district court judges to issue nationwide injunctions and the possibility of enacting a constitutional amendment to address birthright citizenship.
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Frequently asked questions
The term "citizen" is mentioned 3 times in the US Constitution.
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the US 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 US Constitution to reverse the Dred Scott v. Sandford decision, which declared that African Americans were not and could not become citizens of the United States. The Clause also aimed to address the issue of Black Codes and prevent similar decisions from being made in the future.
While the Citizenship Clause was specifically directed at addressing racism and the denial of citizenship to African Americans, its sweeping language grants US citizenship to everyone born and subject to the laws of the country. The only exception today is for those who owe their allegiance to another sovereign, such as the children of foreign diplomats.
There have been varying interpretations of the Citizenship Clause, particularly regarding the original intent of Congress. While it was intended to define citizens as those outlined in the Civil Rights Act, the clause's author, Senator Jacob M. Howard, used different phrasing. One interpretation focuses on the two exceptions mentioned in the Act, while another combines them into a single qualification.
