Jonah Patel
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, guarantees birthright citizenship to individuals born in the United States through its Citizenship Clause. This 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 principle, also known as jus soli or right of the soil, has been a source of debate and interpretation, with some arguing for automatic citizenship for all persons born in the US, while others propose unintended consequences. The Citizenship Clause also addresses state citizenship and equal protection under the law, marking a significant shift in the nation's history, particularly regarding former slaves and Native Americans.
| Characteristics | Values |
|---|---|
| Date of adoption | July 9, 1868 |
| 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." |
| Exceptions | Children of foreign ministers and invading armies, children of ambassadors, children of occupying enemy soldiers, children of members of Indian tribes subject to tribal laws |
| Interpretations | The Citizenship Clause was intended to define citizens as those defined in the Civil Rights Act. |
| Related Supreme Court cases | Dred Scott v. Sandford (1857), United States v. Wong Kim Ark (1898), Elk v. Wilkins (1884), United States v. Gordon (1861), In re Look Tin Sing (1884), Lam Mow v. Nagle (1928) |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause also addresses the issue of state and national citizenship. It confers state citizenship on national citizens who reside in a state, but it does not specify the legal benefits associated with this status. The Amendment did not create either form of citizenship but simply clarified the rules surrounding them. The Citizenship Clause also does not address how state citizenship can be acquired by those who are not citizens of the United States or whether national citizenship can be acquired through means other than birth in the United States or naturalization.
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Birthright citizenship
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution, which was adopted on July 9, 1868. The Citizenship Clause, or the first sentence of the Fourteenth 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." 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 and could not enjoy any of the privileges and immunities of citizenship.
The Fourteenth Amendment has been interpreted to mean that children born on U.S. soil, with very few exceptions, are U.S. citizens, regardless of their parents' immigration or citizenship status. This interpretation has been shared by both supporters and opponents of the Citizenship Clause. However, it is important to note that the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. For example, children born to Native American tribes did not automatically receive citizenship under the Fourteenth Amendment if they voluntarily left their tribe. Additionally, the Citizenship Clause does not apply to children born to foreign diplomatic representatives or children born to alien enemies in hostile occupation.
The concept of birthright citizenship in the United States has faced legal challenges and political opposition. For example, President Donald Trump attempted to sign an executive order to eliminate birthright citizenship for certain U.S.-born children, specifically babies of undocumented immigrants, but this was blocked in court. Despite these challenges, birthright citizenship remains a cornerstone of American civil rights, ensuring due process and equal protection under the law for all persons.
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Citizenship by birth
The concept of citizenship by birth has a long history, dating back to English common law and even earlier. The principle of citizenship by birth was established over 400 years ago, with the 1608 English legal decision in Calvin's Case, which ruled that a child born in Scotland was an English subject entitled to the benefits of English law. This set a precedent that people born on sovereign land, regardless of their parents' status, were "natural subjects" of the kingdom.
The Citizenship Clause was added to the Constitution in 1868, after the Civil War, to entrench the principle of equal citizenship and reverse 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 framers of the Fourteenth Amendment sought to prevent this decision from being struck down or repealed in the future. While there are some exceptions, such as children of foreign ministers or invading armies, the Citizenship Clause has been interpreted to mean that children born on United States soil are citizens.
It is important to note that birthright citizenship also includes ancestry-based citizenship, known as jus sanguinis or "right of blood". This means that children born abroad to at least one US citizen parent may be entitled to US citizenship if they meet certain requirements. However, the primary focus of this discussion is on citizenship by birth within the United States.
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Citizenship Clause
The Citizenship Clause, or the first sentence of the Fourteenth Amendment to the United States Constitution, 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 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 could not enjoy any of the privileges and immunities of citizenship. The Fourteenth Amendment's citizenship clause was drafted in response to concerns about the constitutionality of the Civil Rights Act of 1866, which declared that:
> ...all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.
The Citizenship Clause has been interpreted to mean that children born on United States soil, with very few exceptions, are U.S. citizens. This guarantee, legally termed jus soli, or "right of the territory", does not exist in most of Europe, Asia, or the Middle East. However, it is part of English common law and is common in the Americas.
The Citizenship Clause has given rise to several controversies. For example, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents. In addition, the requirement that a person be subject to the jurisdiction of the United States excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws.
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The Civil Rights Act
> 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 Fourteenth Amendment was drafted by the Joint Committee on Reconstruction in the spring of 1866. The Citizenship Clause was added by the Senate, with the House agreeing to the amendment. The Fourteenth Amendment was designed to prevent the Supreme Court or a future Congress from striking down the principle of equal citizenship.
The Fourteenth Amendment has been interpreted to mean that children born on US soil, with very few exceptions, are US citizens. This principle, known as jus soli or "right of the territory", is uncommon in most of Europe, Asia, and the Middle East. However, it is part of English common law and prevalent in the Americas.
The Fourteenth Amendment does not extend citizenship to everyone born in the United States. For example, children born to foreign diplomatic representatives or invading armies are not automatically granted citizenship. Additionally, the Citizenship Clause does not apply to children born to members of Indian tribes subject to tribal laws. Furthermore, the Fourteenth Amendment does not automatically grant citizenship to persons born in the United States when their mother was unlawfully present in the country, or when their mother's presence was lawful but temporary, and their father was not a US citizen or lawful permanent resident.
The Fourteenth Amendment has been subject to attacks and attempts to restrict birthright citizenship, such as President Trump's executive order to end birthright citizenship for certain US-born children, which faced legal backlash and 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. 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 Fourteenth Amendment by the Senate, and it was drafted by the Joint Committee on Reconstruction in the spring of 1866. It was adopted on July 9, 1868, and it 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 Citizenship Clause does not cover children of foreign ministers and invading armies, children of diplomatic representatives of a foreign state, children of alien enemies in hostile occupation, children of members of Indian tribes subject to tribal laws, and children born to Native American tribes who voluntarily leave their tribe. Additionally, the Citizenship Clause does not extend to persons born in the United States when their mother was unlawfully present in the country or when their mother's presence was lawful but temporary, and their father was not a US citizen or lawful permanent resident.
