Omar Bennett
The concept of citizenship has evolved over time, with different interpretations and legal frameworks shaping the understanding of who is considered a citizen. In the United States, the Constitution and subsequent amendments have played a pivotal role in defining citizenship. The original U.S. Constitution, adopted in 1789, mentioned state and national citizenship, but the specifics were unclear, leading to controversies prior to the Civil War. The 14th Amendment, ratified in 1868, significantly shaped the understanding of citizenship by 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 amendment was a response to the Dred Scott v. Sandford case, which had denied citizenship rights to African Americans, and it solidified birthright citizenship in the U.S. Additionally, the Immigration and Nationality Act of 1965 further altered the landscape by moving away from discriminatory immigration quota systems. Understanding the different kinds of citizens under the Constitution involves examining historical context, legal interpretations, and the ongoing evolution of citizenship rights.
| Characteristics | Values |
|---|---|
| Citizenship in the United States | A person is a citizen of their specific state of residence, such as New York or California, and a citizen of the United States. |
| Citizenship in the United States (cont.) | National citizenship was dependent on state citizenship, so only those who were state citizens under state law were citizens of the United States. |
| Citizenship in the United States (cont.) | The 14th Amendment to the U.S. Constitution, ratified on July 9, 1868, stated 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." |
| Citizenship in the United States (cont.) | The Citizenship Clause does not identify the legal benefits that come with that status. |
| Citizenship in the United States (cont.) | The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States "not subject to any foreign power." |
| Citizenship in other countries | In revolutionary Russia in 1918, citizenship was granted to any foreigners living within the Russian Soviet Federative Socialist Republic, as long as they were "engaged in work and [belonged] to the working class." |
| Active citizenship | Citizens should work towards the betterment of their community through economic participation, public and volunteer work, and other such efforts to improve life for all citizens. |
| Citizenship in Ancient Rome | Citizenship was understood as being "free to act by law, free to ask and expect the law's protection, a citizen of such and such a legal community, of such and such a legal standing in that community." |
| Rights and responsibilities of citizens | Citizens have the right to pursue life, liberty, and happiness, the right to worship, the right to run for elected office, and the right to express oneself. |
| Rights and responsibilities of citizens (cont.) | Citizens have the responsibility to obey the laws of a country, pay taxes, and vote. |
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What You'll Learn
National and state citizenship
The concepts of state and national citizenship were mentioned in the original U.S. Constitution, but the details were unclear. The 14th Amendment to the U.S. Constitution, ratified on July 9, 1868, clarified the rules surrounding citizenship. It stated 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 resolved a question that was hotly contested before the Civil War, providing the basic rule regarding the acquisition of citizenship. It also conferred state citizenship on national citizens who reside in a state. It is important to note that the Citizenship Clause does not identify the legal benefits that come with this status.
The United States has a federal system in which a person is a citizen of their specific state of residence, such as New York or California, as well as a citizen of the United States. State constitutions may grant certain rights beyond what is granted under the U.S. Constitution and may impose their own obligations, including the sovereign right of taxation and military service.
Prior to the Civil War, only some persons born or naturalized in the United States and subject to its jurisdiction were citizens of the United States and of the state in which they resided. This was determined by various applicable state and federal laws and court decisions. The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States "not subject to any foreign power."
The Citizenship Clause has been interpreted differently over time. In 1857, the U.S. Supreme Court case of Dred Scott v. Sandford ruled that "a free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a 'citizen' within the meaning of the Constitution of the United States." This decision was based on the interpretation that the Constitution implicitly limited both state and national citizenship on racial grounds, excluding individuals of African descent. However, this ruling was disputed by those who noted that free blacks had been considered citizens by many states at the Founding. It was not until the abolition of slavery following the Civil War that African Americans were granted citizenship rights.
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Birthright citizenship
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution, which was ratified on July 9, 1868. 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 means that anyone born on U.S. soil is automatically conferred citizenship at birth, regardless of their parents' immigration or citizenship status. This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which established that children born in the U.S. to immigrant parents are citizens, even if their parents are not eligible for naturalization.
The Fourteenth Amendment also introduced the Citizenship Clause, which was added to clarify that birthright citizenship was already the law of the land. The term "jurisdiction" in the Amendment was chosen to exclude U.S.-born children of foreign diplomats and Native Americans living under tribal sovereignty. However, the Indian Citizenship Act of 1924 granted birthright citizenship to Native Americans, and over time, Congress and the courts extended it to unincorporated territories.
While birthright citizenship has been a long-standing principle in the United States, there has been political opposition to jus soli in recent decades. This opposition gained momentum with the election of Donald Trump, who explicitly opposed jus soli citizenship for children of undocumented immigrants. Upon taking office in 2025, Trump attempted to deny birthright citizenship to these children, but litigation blocked its implementation as "blatantly unconstitutional." Most legal scholars agree that the Fourteenth Amendment endorses jus soli citizenship, but some argue that it should not apply to children of unauthorized immigrants.
In conclusion, birthright citizenship in the United States is primarily based on jus soli, guaranteeing citizenship to anyone born on U.S. soil. Jus sanguinis also plays a role, allowing children with at least one citizen parent to acquire citizenship. While there have been recent challenges to jus soli, it remains a fundamental legal principle upheld by the Fourteenth Amendment and the courts.
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Naturalized citizenship
The concept of citizenship in the United States has evolved over time, with the original U.S. Constitution of 1789 mentioning state and national citizenship but lacking clear details. The Fourteenth Amendment, ratified in 1868, established the basic rule for acquiring 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 amendment addressed the controversies surrounding citizenship before the Civil War and ensured that individuals had both national and state citizenship.
The eligibility criteria for naturalized citizenship have evolved over time, addressing racial inequalities and expanding the definition of citizenship. The Civil Rights Act of 1866, for example, granted citizenship to all persons born in the United States who were "not subject to any foreign power." This marked a shift towards recognizing birthright citizenship, affirmed by Attorney General Edward Bates during the Civil War.
However, it is important to note that historical interpretations of citizenship were not always inclusive. The Dred Scott v. Sandford case in 1857 upheld laws that excluded African Americans from citizenship, with the Supreme Court ruling that Scott, a former slave, was not a citizen of any state. It was only after the abolition of slavery following the Civil War that African Americans were granted citizenship rights.
The eligibility criteria for naturalized citizenship have been refined over time, addressing historical injustices and expanding the definition of citizenship. The Immigration and Nationality Act of 1965 significantly altered the previous quota systems, favoring a less discriminatory approach to immigration and citizenship. Additionally, the 1918 constitution of revolutionary Russia granted citizenship to foreigners residing within the country, provided they belonged to the working class, recognizing equal rights regardless of racial or national connections.
In conclusion, naturalized citizenship in the United States has undergone a transformative journey, moving from controversies over state and national citizenship to a clearer definition provided by the Fourteenth Amendment. The process of naturalization allows immigrants to become citizens, and the eligibility criteria have expanded to promote inclusivity and equal rights.
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Corporate citizenship
In the early nineteenth century, American jurists began to vest corporations with rights and legal capacities, giving rise to the concept of "corporate individualism." This doctrine provided ideological support for corporations, treating them as individuals with constitutional rights to property and imposing responsibilities and liabilities.
However, when it comes to citizenship, corporations are not endowed with the same rights as natural persons. According to the Citizenship Clause of the Fourteenth Amendment, "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 specifically excludes artificial persons, such as corporate bodies, from citizenship.
Consequently, corporations cannot vote or claim protections under the privileges and immunities clauses of Article IV, Section 2, and the Fourteenth Amendment. They are not considered citizens and cannot exercise the political rights associated with citizenship, such as holding office. This distinction between corporate entities and natural persons in the context of citizenship has been upheld by the Supreme Court.
Despite this, it is important to note that corporations do enjoy certain rights and protections under American constitutional law. They have the right to free speech and are protected against hostile state legislation. The Supreme Court has also acknowledged that political rights, such as freedom of speech, association, assembly, and press, extend to both noncitizens and citizens, demonstrating that corporate entities can still participate in political activities without being citizens.
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Citizenship and voting rights
Historically, the United States Constitution did not lay down a comprehensive rule about citizenship. The issue of citizenship was a subject of controversy, particularly between state citizenship and national citizenship. The Fourteenth Amendment to the Constitution, ratified after the Civil War, provided a basic rule regarding the acquisition of citizenship. 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 amendment also granted citizenship rights to African Americans, who had previously been excluded under early U.S. laws.
Voting rights are inherently linked to citizenship. While the U.S. Constitution does not explicitly mention a citizenship requirement for voting, federal law dictates that only U.S. citizens can vote in federal elections. This aligns with the general understanding that voting is a privilege granted to citizens. However, it is important to note that the Constitution leaves the power to set voter eligibility requirements to the states, and some states allow non-citizens to vote in local elections. Additionally, U.S. citizens residing in U.S. territories cannot vote for the president in general elections.
The specific requirements for voting eligibility vary by state. In most states, individuals must be at least 18 years old to vote, but some states allow 17-year-olds to vote in primaries if they will be 18 by Election Day. There may also be exceptions for individuals with mental disabilities, as determined by state laws. The proposed SAVE Act, which would require documentary proof of U.S. citizenship for voter registration in federal elections, has sparked debates about the role of Congress in setting voter eligibility requirements and the potential impact on voter suppression, especially in low-income and minority communities.
In conclusion, citizenship and voting rights in the United States have a complex history. While citizenship is a prerequisite for voting in federal and state elections, the specific eligibility requirements are determined by individual states, and exceptions or variations may apply in local elections. The ongoing discussions around voting rights highlight the dynamic nature of citizenship and voting rights in a democratic society.
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Frequently asked questions
The US Constitution recognises both state and national citizenship.
State citizenship refers to a person's citizenship of their specific state of residence, such as New York or California. State citizenship was especially important before the Civil War, as it gave access to the jurisdiction of federal courts.
National citizenship is a person's citizenship of the United States. National citizenship is dependent on state citizenship, according to one view.
All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. This includes those born to non-citizen parents or those whose parents are in the country illegally. However, the children of ambassadors, occupying enemy soldiers, and slaves were historically excluded from citizenship.
The 14th Amendment, ratified in 1868, granted citizenship to all persons born in the United States and not subject to any foreign power. The Civil Rights Act of 1866 also granted citizenship to all persons born in the United States, excluding those subject to foreign powers.
