Isabella Carter
The Citizenship Clause, which forms the first sentence of the Fourteenth Amendment to the United States Constitution, outlines six qualifications for citizenship. Adopted on July 9, 1868, 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. 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 does not identify the legal benefits of citizenship, and there are six qualifications for citizenship by birth.
| Characteristics | Values |
|---|---|
| Citizenship by birth | All persons born in the United States and not subject to any foreign power |
| Citizenship by naturalization | All persons naturalized in the United States and subject to the jurisdiction thereof |
| Citizenship by birthright | All persons born in the United States to citizen parents |
| Citizenship by descent | All persons born outside the United States to one citizen parent who has lived in the US for a certain period |
| Citizenship by territorial incorporation | All persons born in US territories to citizen parents |
| Citizenship by derivation | All persons under the age of five found in the United States of unknown parentage |
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What You'll Learn
The Fourteenth Amendment
This clause reversed a portion of the infamous Dred Scott v. Sandford decision, which declared that African Americans were not and could not become citizens of the United States, nor could they enjoy the privileges and immunities of citizenship. The Fourteenth Amendment repudiated this decision and enshrined the principle that all persons born in the United States, except for certain exceptions, are citizens with equal rights.
The Citizenship Clause has been interpreted and litigated extensively, particularly regarding birthright citizenship and the rights it confers. For example, in United States v. Wong Kim Ark (1898), the Supreme Court affirmed that children born in the United States receive birthright citizenship, regardless of their parents' citizenship status. However, the Clause also recognizes exceptions, such as children born to diplomatic representatives or members of Indian tribes subject to tribal laws, who are not automatically granted citizenship by birth.
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Birth and naturalization
The Citizenship Clause of the Fourteenth Amendment to the United States Constitution, adopted on July 9, 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." This clause recognises two sources of citizenship: birth and naturalization.
Birth
The Citizenship Clause establishes the principle of birthright citizenship, granting citizenship to those born in the United States and subject to its jurisdiction. This reversed the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens. The Civil Rights Act of 1866 further affirmed this by granting citizenship to all persons born in the United States "not subject to any foreign power", excluding "Indians not taxed".
However, there are exceptions to birthright citizenship. For instance, children born to diplomatic representatives or alien enemies may not automatically acquire citizenship by birth. Additionally, the citizenship of children born on vessels in US territorial waters or on the high seas is typically determined by the citizenship of their parents.
Naturalization
The Constitution grants Congress the exclusive power to naturalize citizens, and no state can independently confer citizenship. The naturalization process involves accepting the grant and taking an oath, and it is a privilege that Congress may grant or withhold. Historically, naturalization was restricted to "free white persons", but this has since expanded to include persons of "African nativity and descent". Exclusions based on race, such as those against "Chinese labourers", are no longer in force. Today, naturalization statutes require loyalty, good moral character, and exclude subversives, terrorists, and criminals, among others, from citizenship.
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Citizenship by birth
The Citizenship Clause, which is 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.
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. The Fourteenth Amendment's first sentence, in tandem with its last sentence, gives Congress broad powers to define and protect various badges of citizenship against both governments and powerful private actors.
The Fourteenth Amendment's Citizenship Clause identifies individuals who hold national and state citizenship, but it does not identify the legal benefits that come with that status. It also does not address whether a state may confer state citizenship on anyone who is not a citizen of the United States, or whether national citizenship may be acquired through means other than birth in the United States or naturalization.
The Civil Rights Act of 1866 granted U.S. citizenship to all persons born in the United States "not subject to any foreign power", excluding "Indians not taxed". The Fourteenth Amendment sought to entrench this principle in the Constitution to prevent it from being struck down by the Supreme Court or repealed by a future Congress.
There are six other categories of citizens by birth, according to the Immigration and Nationality Act of 1952:
- A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.
- A person born outside the United States of citizen parents, one of whom has been resident in the United States.
- A person born outside the United States of one citizen parent who has been continuously resident in the United States for one year prior to the birth and of a parent who is a national but not a citizen.
- A person born in an outlying possession of the United States of one citizen parent who has been continuously resident in the United States or an outlying possession for one year prior to the birth.
- A person of unknown parentage found in the United States while under the age of five unless, prior to their twenty-first birthday, they are shown not to have been born in the United States.
- A person born outside the United States of an alien parent and a citizen parent who has been resident in the United States for a period of ten years, provided the parent has been in the United States for five of those years (after the child's fourteenth birthday).
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Citizenship by naturalization
The Citizenship Clause of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 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." This clause reversed a portion of the Dred Scott v. Sandford decision, which had ruled that African Americans were not and could not become US citizens.
The Fourteenth Amendment's first sentence, in conjunction with its last sentence, grants Congress broad authority to define and protect various markers of citizenship against governments and powerful private actors. The Amendment also implicitly condemns a racial caste system and affirms that all Americans are born equal.
- Lawful Permanent Residence: An individual must be a lawful permanent resident of the United States before applying for naturalization. This typically involves obtaining a Green Card, which signifies that the individual has been granted authorization to live and work in the US on a permanent basis.
- Continuous Residence: Applicants must demonstrate continuous residence in the United States for a specified period, typically three to five years, depending on their specific situation. Any trips outside the US during this period must be shorter than six months, and extended travel or frequent trips abroad may raise questions about the applicant's commitment to residency.
- Physical Presence: In addition to continuous residence, there is also a physical presence requirement. Applicants must be physically present in the United States for at least half of the required residence period. This means that if the requirement is five years, the applicant must be physically present in the US for at least two and a half years during that time.
- State or USCIS District Residence: Applicants must have resided in the state or USCIS district where they plan to apply for citizenship for at least three months before initiating the naturalization process. This requirement ensures that the applicant has established a genuine connection to the specific state or district.
- Good Moral Character: USCIS defines good moral character as behaviour that aligns with the standards of the average US citizen. Generally, this means that the applicant must not have committed certain crimes within three to five years of their application. A USCIS officer will evaluate the applicant's criminal record and overall character to make a determination.
- Attachment to the Constitution: Applicants must demonstrate their commitment to the US Constitution. This includes believing in, supporting, and defending the Constitution, as well as agreeing to uphold the democratic process and obey the law.
- English Proficiency: Demonstrating proficiency in the English language is a requirement for naturalization. Applicants must be able to read, write, and speak basic English. However, there are exemptions for individuals who have a physical or developmental disability or impairment that affects their ability to learn English.
- Civics Knowledge: Applicants are required to pass a civics test as part of the naturalization process. This test covers topics related to US history and government, ensuring that new citizens have a basic understanding of the nation's political system and history.
- Oath of Allegiance: The final step in the naturalization process is taking the Oath of Allegiance. In a public ceremony, applicants renounce their allegiance to other nations, pledge their loyalty to the United States, and accept the responsibilities of US citizenship, including military and civil service duty.
It is important to note that the process of obtaining citizenship by naturalization can be complex, and there may be additional requirements or considerations depending on an individual's specific circumstances. The USCIS provides resources and guidance to help applicants navigate the naturalization process and determine their eligibility.
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State and national citizenship
The concepts of state and national citizenship were mentioned in the original US Constitution, which was adopted in 1789. However, the details were unclear, and the subject of citizenship was a source of considerable controversy prior to the Civil War. The Fourteenth Amendment, adopted on July 9, 1868, sought to address this by providing a basic rule regarding the acquisition of citizenship.
The Citizenship Clause, which forms 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.
The Fourteenth Amendment's Citizenship Clause identifies individuals who hold national and state citizenship, but it does not outline the legal benefits that come with this status. It also leaves some questions unanswered, such as whether a state may confer state citizenship on someone who is not a citizen of the United States, and whether national citizenship can be acquired through means other than birth in the US or naturalization.
The Fourteenth Amendment gives Congress broad powers to define and protect various badges of citizenship. It also makes clear that Americans are born equal, condemning racial and other birth-based caste systems.
The Civil Rights Act of 1866 granted US citizenship to all persons born in the United States "not subject to any foreign power", with some exceptions, such as ""Indians not taxed". This Act was passed due to concerns about the constitutionality of the Citizenship Clause. The framers of the Fourteenth Amendment sought to entrench this principle in the Constitution to prevent it from being struck down by the Supreme Court or repealed.
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