Isabella Carter
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, deals with citizenship. The Citizenship Clause, which is the first sentence of the Fourteenth Amendment, broadly defines citizenship and reverses the Dred Scott v. Sandford decision, which stated that African Americans were not and could not become citizens of the United States. The Fourteenth Amendment establishes that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. This amendment marked a significant shift in American identity by prioritizing national citizenship over state citizenship and guaranteeing fundamental rights and privileges to American citizens.
| Characteristics | Values |
|---|---|
| Date of Amendment | 13 June 1866 (passed by Congress); 9 July 1868 (ratified) |
| Amendment Number | Fourteenth Amendment |
| Section | Section 1, Clause 1 |
| 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 diplomats, children of illegal or temporary immigrants |
| Previous Supreme Court Decision Overruled | Dred Scott v. Sandford (1857) |
| Previous Supreme Court Decision Supported | Inglis v. Trustees of Sailor's Snug Harbor |
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What You'll Learn
The Fourteenth Amendment
It is important to note that the Fourteenth Amendment does not grant universal citizenship to everyone born in the United States. There are exceptions, such as children born to foreign diplomats or children born to parents with illegal or temporary immigration status. Additionally, the Amendment does not address the legal benefits that come with citizenship. While it establishes national citizenship, it does not specify whether a state can confer state citizenship on non-US citizens or how one can acquire national citizenship other than through birth or naturalization.
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The Citizenship Clause
The requirement that a person be subject to the jurisdiction of the United States excludes its application to children born to diplomatic representatives of a foreign state, children born to alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws. The citizenship of children born on vessels in United States territorial waters or on the high seas is generally determined by the citizenship of the parents.
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Birthright citizenship
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the 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 means that if an individual is born in the United States, they are automatically considered a US citizen, regardless of their parents' immigration status.
The Fourteenth Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868. Prior to its ratification, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, often with racist implications. The Citizenship Clause changed this by establishing a simple national rule for citizenship: if you are born in the United States, you are a US citizen.
The Fourteenth Amendment has been interpreted by the Supreme Court in cases such as United States v. Wong Kim Ark (1898) and CASA v. Trump. The former confirmed that children born in the US to immigrant parents are citizens, while the latter limited judges' ability to block unlawful policies related to birthright citizenship. It is important to note that there are some exceptions to birthright citizenship in the US, including children of diplomats and foreign military invaders, who are not subject to US jurisdiction.
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Naturalization
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, includes the Citizenship Clause, which broadly defines citizenship. 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." This clause was a significant shift in American identity, as it established a national rule for citizenship, superseding the various state-by-state determinations that often defined who became a U.S. citizen.
The reference to naturalization in the Citizenship Clause pertains to the process by which immigrants are granted U.S. citizenship. Congress has the power to regulate this process under the Naturalization Clause in Article I, Section 8, Clause 4 of the Constitution. The Fourteenth Amendment's Citizenship Clause was a response to 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 Citizenship Clause overturned this decision and granted citizenship to all persons born within the United States, except the children of foreign diplomats.
The Fourteenth Amendment did not create either state or national citizenship, as these concepts were already mentioned in the original U.S. Constitution adopted in 1789. However, the Citizenship Clause provided a basic rule regarding the acquisition of U.S. citizenship and conferred state citizenship on national citizens residing in a state. It is important to note that the Citizenship Clause does not outline the legal benefits associated with citizenship status. Additionally, it leaves open questions about the acquisition of state and national citizenship, such as whether a state may confer state citizenship on non-U.S. citizens.
While the Fourteenth Amendment guarantees birthright citizenship, there are exceptions. For example, children born to parents of illegal or temporary immigration status may not be automatically granted citizenship. The Fourteenth Amendment also excludes from birthright citizenship individuals who are born in the United States but not "subject to the jurisdiction thereof." This includes children born to diplomatic representatives of foreign states, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws.
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State citizenship
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship. The Citizenship Clause of the Fourteenth Amendment provides the basic rule regarding the acquisition of US citizenship. It also confers state citizenship on national citizens who reside in a state.
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 amendment marked a significant shift in American identity by establishing a uniform national rule for citizenship, regardless of race. Before the Fourteenth Amendment, states had the authority to set their own criteria for citizenship, often restricting state citizenship to whites only.
The Citizenship Clause identifies individuals who hold both national and state citizenship but does not specify the legal benefits associated with this status. It also leaves open questions about the acquisition of state and national citizenship, such as whether a state can grant state citizenship to non-US citizens.
It's important to note that the Fourteenth Amendment does not address the rights associated with citizenship, but it does include provisions to protect the privileges and immunities of US citizens and ensure equal protection under the law. This amendment has been interpreted to shield citizens from racially motivated private violence and challenge pervasive racial exclusion in public accommodations.
In conclusion, the Fourteenth Amendment's Citizenship Clause plays a crucial role in defining state citizenship by granting it to those who are US citizens and reside within a particular state. However, the specific rights and benefits associated with state citizenship are not outlined in this clause.
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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 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 marked an important shift in American identity. Before the Fourteenth Amendment, the Constitution didn't provide a set definition of citizenship, allowing states to set their own rules, often based on race. The Fourteenth Amendment established a simple national rule for citizenship, stating that if you're born in America, you're a U.S. citizen.
The Citizenship Clause was drafted in response to concerns about the constitutionality of the Civil Rights Act of 1866, which granted citizenship to all born within the United States. It also confers state citizenship on national citizens who reside in a state. However, it does not address the legal benefits or rights that come with citizenship status.
