Omar Bennett
The Citizenship Clause, also known as the Fourteenth Amendment, outlines the requirements for US citizenship. The 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 part of the Constitution has been interpreted to mean that children born on US soil, with very few exceptions, are US citizens. This includes children born to parents who are not US citizens, such as in the case of a child born to Chinese parents. However, there are some exceptions to this, including children born to foreign diplomats or those born to members of Indian tribes. The Fourteenth Amendment also specifies that no state can deprive a US citizen of their privileges or immunities, nor can they deprive a person of life, liberty, or property without due process.
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What You'll Learn
Citizenship by birth
The Fourteenth Amendment to the US Constitution 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 is often referred to as 'birthright citizenship' or 'citizenship by birth'.
The Citizenship Clause of the Fourteenth Amendment was added to the Constitution to overrule the Dred Scott case, in which the Supreme Court ruled that freed slaves were not citizens of any state, and that US citizenship was only enjoyed by two classes of people:
- White persons born in the US as descendants of citizens
- Those born outside the US who had migrated and been naturalized
The Fourteenth Amendment repudiated this decision, stating that birthright citizenship applied to all persons, of every race and colour, without regard to previous conditions of slavery or involuntary servitude.
However, birthright citizenship does not extend to everyone born in the US. There are some exceptions, including children of foreign diplomats and children of members of Indian tribes subject to tribal laws. Additionally, the US government has specified that birthright citizenship does not apply to children born to non-citizen parents if the mother was unlawfully present in the US or if her presence was lawful but temporary (e.g. on a student or tourist visa).
The Fourteenth Amendment also specifies that no state shall make or enforce any law that abridges the privileges or immunities of US citizens, nor shall any state deprive any person of life, liberty, or property without due process of law. This means that states cannot take away the rights of US citizens, and that all citizens are entitled to equal protection under the law.
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Citizenship by naturalization
The Fourteenth Amendment establishes the priority of national 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 means that anyone born in America is an American citizen, regardless of their parents' citizenship status. This amendment overruled the Dred Scott case, which held that United States citizenship was limited to white persons born in the country.
The eligibility requirements for naturalization include being a permanent resident for a certain period, typically three years if married to a U.S. citizen. Additionally, applicants must demonstrate good moral character, knowledge of the English language, and a basic understanding of U.S. history and government. They must also pledge their loyalty to the United States and its Constitution.
The time it takes to become a naturalized citizen can vary depending on location and other factors. Applicants can check the estimated processing time for their specific case on the USCIS website. It is important to note that filing fees for naturalization are non-refundable, and the USCIS may reject applications that do not meet all the requirements or are incomplete.
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State citizenship vs. US citizenship
The Fourteenth Amendment to the US Constitution, adopted in 1868, defines US citizens as persons who are "born or naturalized in the United States and subject to its jurisdiction". This amendment overruled the Dred Scott case, which had limited both state and national citizenship on racial grounds, excluding individuals of African descent. The Citizenship Clause of the Fourteenth Amendment establishes the priority of national citizenship, stating that anyone born in America is an American citizen, regardless of state laws. This clause also requires states to treat any American citizen residing within their borders as a full and equal state citizen, guaranteeing their rights and privileges as citizens.
State citizenship, on the other hand, refers to the citizenship status conferred by individual states. While the Fourteenth Amendment asserts the supremacy of national citizenship, the US Constitution does not explicitly define the requirements for state citizenship. Historically, states had varying practices regarding citizenship criteria and the rights afforded to citizens. The concept of state citizenship predates the Fourteenth Amendment and was the primary form of citizenship before the establishment of a unified national citizenship.
The distinction between state and US citizenship has evolved over time. Before the Fourteenth Amendment, states had their own citizenship requirements, which often included racial restrictions. After the Fourteenth Amendment, the US citizenship status took precedence, and it became more standardized across the nation. However, states still maintain certain rights regarding citizenship, such as the ability to confer state citizenship and the regulation of state-specific rights and privileges.
It is important to note that US citizenship is typically acquired by birth when a child is born within the national territory of the United States or through naturalization. The national territory includes the 50 states, the District of Columbia, Guam, Puerto Rico, the Northern Mariana Islands, the US Virgin Islands, and the Palmyra Atoll, as defined by the Immigration and Naturalization Act (INA) of 1952. Children born outside the United States to US citizen parents usually have birthright citizenship by parentage, and children of unknown parentage found in the US under the age of five are presumed to be US citizens unless proven otherwise before they turn 21.
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Limitations of state citizenship
The Citizenship Clause of the Fourteenth Amendment establishes the parameters of state and national citizenship in the United States. While the Amendment guarantees citizenship to those born or naturalized in the country, there are certain limitations and exceptions to state citizenship that are important to consider.
One key limitation of state citizenship is that it does not automatically confer the same rights and privileges as national citizenship. For example, the Fourteenth Amendment's protections, such as equal protection of the laws, privileges, and immunities of US citizenship, and due process of law, apply primarily to the actions of state governments, not those of private actors. This interpretation, known as the "state action doctrine," has been used by the Supreme Court to restrict Congress's ability to address private acts of discrimination and violence. The Amendment's second sentence, beginning with "No State shall...," reinforces this interpretation by focusing on restricting state governments' actions rather than declaring individual rights against them.
Another limitation of state citizenship is the exclusion of certain individuals from full citizenship rights, particularly those with racialized identities. Historically, the infamous Dred Scott case ruled that freed slaves were not citizens of any state and that only two classes of people were considered US citizens: white persons born in the US and descendants of citizens at the time of the Constitution's adoption. This decision was later repudiated by Congress in the Civil Rights Act of 1866 and the Fourteenth Amendment, restoring the traditional precept of citizenship by birth. However, even after these legislative changes, the Amendment's protections were not uniformly applied to all racial groups. For example, Native Americans and their descendants faced significant barriers to citizenship due to their political relationships with the US government and tribal laws. Additionally, the Amendment's protections did not extend to children of foreign diplomatic representatives or alien enemies in hostile occupation.
Furthermore, the Fourteenth Amendment's citizenship provisions do not extend to artificial persons or corporate bodies. Corporations are not considered citizens of the United States and, therefore, cannot claim the protections of the Amendment's Privileges and Immunities Clause. This interpretation has been upheld by various court cases, including Insurance Co. v. New Orleans and Orient Ins. Co. v. Daggs.
Lastly, while the Fourteenth Amendment guarantees citizenship to those born or naturalized in the United States, the specific rights and privileges associated with state citizenship may vary across different states. Each state has the authority to define and confer state citizenship, although it cannot make the recipient a citizen of the United States. This means that the legal benefits and implications of state citizenship may differ depending on the state in which an individual resides.
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The Dred Scott case
The Citizenship Clause of the Fourteenth Amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. This includes those born to foreign parents, except for children of foreign diplomats, children born to enemy aliens in hostile occupation, and children of members of Indian tribes subject to tribal laws. This clause was added in response to the infamous Dred Scott case, which I will now elaborate on.
Scott, with the support of his wife, Harriet, and their church, abolitionists, and even the Blow family (who had once owned them), decided to take legal action. They sued for freedom on the grounds of having spent significant time in free territory, citing an 1824 Missouri precedent known as "once free, always free." Their cases were combined, with Dred listed as the sole plaintiff. The trial began on June 30, 1847, but the court ruled against them on a technicality, and a retrial was granted. In January 1850, Scott and Harriet won their freedom in the second trial. However, Irene appealed the case to the Missouri Supreme Court, which reversed the lower court's decision in 1852, enslaving the Scotts once again.
Undeterred, Scott filed a federal lawsuit in November 1853 with the United States Circuit Court for the District of Missouri. On May 15, 1854, the federal court ruled against Scott, upholding his and his family's enslaved status. Scott then took his case to the United States Supreme Court, which heard the trial starting on February 11, 1856. The case had gained widespread attention, and Scott received support from powerful politicians and high-profile attorneys. Despite this, on March 6, 1857, the Supreme Court ruled against Scott, stating that living in a free state or territory did not entitle him to freedom as he was not a citizen but considered another person's property. Chief Justice Roger Taney wrote the majority opinion, asserting that all people of African descent, whether enslaved or free, were not citizens of the United States and, therefore, had no right to sue in federal courts.
The Dred Scott decision outraged abolitionists, who viewed it as an attempt to stifle debate about slavery in the territories. It widened the divide between the North and South, ultimately leading to the secession of southern states and the formation of the Confederate States of America. The case's impact extended beyond the legal realm, incensing abolitionists, bolstering the anti-slavery movement, and serving as a stepping stone to the Civil War.
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Frequently asked questions
The Citizenship Clause, also known as the Citizenship Clause Doctrine, is a part of the Fourteenth Amendment of the US Constitution. 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."
Being "subject to the jurisdiction" of the United States means that the person is not subject to any foreign power and is not a member of an Indian tribe with limited authority under US law. This excludes children of foreign diplomats, children of invading armies, and children born on US vessels or in international waters.
The Citizenship Clause was added to the Constitution after the Dred Scott case, in which the Supreme Court ruled that freed slaves were not citizens of any state and that people of African descent were permanently excluded from US citizenship. The Fourteenth Amendment overruled this decision and established that citizenship is based on birth or naturalization in the US, regardless of race.
Yes, there are some exceptions to the Citizenship Clause. For example, children born to parents who are not US citizens or permanent residents may not automatically acquire citizenship if their birth in the US was due to unlawful presence or temporary lawful presence, such as on a student or tourist visa.
The Citizenship Clause establishes the priority of national citizenship over state citizenship. It requires states to recognize and treat any US citizen residing within their borders as a full and equal citizen of that state, regardless of their race or previous condition of slavery.
