Malcolm Rivera
The topic of citizenship in the US Constitution is addressed in the Fourteenth Amendment, which was passed by Congress on June 13, 1866, and ratified on July 9, 1868. This amendment, also known as the Citizenship Clause, grants citizenship to all persons born or naturalized in the United States and subject to the jurisdiction thereof. This addition to the Constitution was significant as it provided a clear rule of citizenship, which was previously assumed but not explicitly defined in the original document. The Fourteenth Amendment also played a crucial role in extending rights and liberties to formerly enslaved people, ensuring equal civil and legal rights for Black citizens. The interpretation and application of the Citizenship Clause have been the subject of debate and controversy, with various court cases and legal scholars offering differing perspectives on its scope and implications.
| Characteristics | Values |
|---|---|
| Date of Amendment | June 16, 1866 |
| Date Passed by Congress | June 13, 1866 |
| Date Ratified | July 9, 1868 |
| Amendment Number | 14th Amendment |
| Clause Author | Senator Jacob M. Howard of Michigan |
| Citizenship Status | All persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside |
| Exceptions | Children of foreign ministers, invading armies, diplomatic representatives of a foreign state, alien enemies in hostile occupation, members of Indian tribes subject to tribal laws, children of slaves, children of Native Americans living in tribes |
| Citizenship by Birth | Jus soli, or "right of the territory" |
| Citizenship by Naturalization | Granted by Congress |
| Citizenship and State Laws | No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States |
| Citizenship and Life, Liberty, Property | No State shall deprive any person of life, liberty, or property, without due process of law |
| Citizenship and Equal Protection | No State shall deny any person within its jurisdiction the equal protection of the laws |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause, added by the Senate, grants both national and state citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof." This clause repudiated the concept of citizenship established in the infamous Dred Scott v. Sandford (1857) decision, in which Chief Justice Roger Taney declared that a black man generally couldn't be a U.S. citizen, stating that he had "no rights which the white man was bound to respect."
The amendment also addressed representation in Congress, stating that if male citizens over 21 years of age are denied the right to vote, the basis of representation for that state shall be reduced proportionally. Finally, it granted Congress the power to enforce the amendment, leading to landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
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The Civil Rights Act of 1866
The Act declared that "all persons born in the United States" who are not subject to any foreign power, excluding untaxed Native Americans, are citizens of the United States. This marked a departure from the Supreme Court's infamous Dred Scott v. Sandford (1857) decision, which ruled that a Black man couldn't be a United States citizen and had no rights that a white man was bound to respect. The Civil Rights Act of 1866 affirmed that citizens of every race and colour, without regard to any previous condition of slavery, shall have the same rights.
The Act granted all citizens the full and equal benefit of all laws and proceedings for the security of their person and property. It stated that any citizen has the same right as a white citizen to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. Additionally, the Act guaranteed that all citizens shall be subject to the same punishment, pains, penalties, taxes, licenses, and exactions. Persons who denied these rights to others on account of race or previous enslavement were guilty of a misdemeanour and faced fines or imprisonment upon conviction.
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Birthright citizenship
The concept of birthright citizenship was added to the US Constitution in 1868, following the Civil War and Emancipation. The 14th Amendment, passed by Congress on June 13, 1866, and ratified 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 amendment was intended to extend the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
The Citizenship Clause of the 14th Amendment was added to entrench the principle of birthright citizenship in the Constitution and prevent it from being struck down by the Supreme Court or repealed by a future Congress. The framers of the amendment sought to repudiate the divisive Dred Scott v. Sandford (1857) decision, in which Chief Justice Roger Taney declared that a black man generally couldn't be a US citizen and had "no rights which the white man was bound to respect." Free blacks were, in fact, considered citizens in several states at the time, and some had even fought in Washington's army.
The Citizenship Clause restored the traditional precepts of citizenship by birth, with a few exceptions. For example, it excludes children of diplomatic representatives of a foreign state, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, the citizenship of children born on US territorial waters or on the high seas is generally determined by the citizenship of their parents.
The interpretation of the Citizenship Clause has been a subject of debate, with some arguing that it automatically grants citizenship to all persons born in the United States, while others propose that it had unintended consequences. Nevertheless, there has been a long-standing agreement among the Supreme Court, Congress, the executive branch, and legal scholars that the Constitution guarantees citizenship to virtually everyone born in the country. This type of guarantee, known as jus soli or "right of the territory," is part of English common law and is common in the Americas.
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Corporations and citizenship
The concept of citizenship in the United States has evolved over time, with the Constitution and subsequent amendments playing a pivotal role in defining who is a citizen and what rights they hold. While the original Constitution assumed the existence of citizenship, it lacked a clear and comprehensive rule for determining citizenship. This ambiguity led to controversies and court cases, such as the infamous Dred Scott case, which highlighted the racial biases in citizenship interpretations.
The Fourteenth Amendment, ratified in 1868, significantly shaped the understanding of citizenship. It established 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 overruled the Dred Scott decision, repudiating racial restrictions on citizenship and extending rights to formerly enslaved people.
However, it is important to note that the Fourteenth Amendment and the Citizenship Clause do not extend to corporations. Court decisions have clarified that corporations are not citizens and, therefore, cannot claim the protections provided by the Fourteenth Amendment. This distinction between corporate entities and individual citizens is crucial in interpreting the Constitution's protections and rights.
The interpretation of citizenship and its legal implications continue to be a subject of debate and litigation. For example, the Trump administration's attempts to restrict birthright citizenship through executive orders faced legal challenges, with judges emphasizing the constitutional right to citizenship for those born in the country. These challenges underscore the ongoing efforts to uphold and protect the rights enshrined in the Constitution, particularly those pertaining to citizenship.
In conclusion, the Constitution, through its amendments and judicial interpretations, has played a pivotal role in shaping the understanding of citizenship in the United States. The Fourteenth Amendment's Citizenship Clause stands as a cornerstone of equal citizenship, ensuring that individuals born or naturalized in the country are afforded the rights and protections of citizenship.
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The Dred Scott case
The US Constitution assumes that there is citizenship of the United States and of the States, but it does not explicitly provide a rule that defines who is a citizen. Article III, which deals with the judiciary, gives federal courts jurisdiction over controversies between citizens of different states and thus assumes that some people have state citizenship. Similarly, Article II provides that only a natural-born citizen of the United States, or a citizen of the United States at the time of the adoption of the Constitution, may be President, and thus assumes that some people have national citizenship.
Dred Scott was born into slavery around 1799 in Southampton County, Virginia. In 1818, he moved with his owner Peter Blow to Alabama, then in 1830 he moved to St. Louis, Missouri—both slave states. During Scott’s residence in Wisconsin, he met Harriet Robinson, an enslaved woman whom he married and with whom he had two daughters. The Scotts were then forced to return to St. Louis by their owner, where they remained until their master died in 1843. Three years later, Scott appealed to his master’s widow, Irene Sanford, and offered to pay $300 for his freedom. She refused, leading Scott to turn to the courts. Harriet played a large role in convincing her husband to sue for freedom, as she feared that their daughters would be sold away from them.
When they went to trial on June 30, 1847, however, the court ruled against them on a technicality and the judge granted a retrial. The Scotts went to trial again in January 1850 and won their freedom. Irene appealed the case to the Missouri Supreme Court which combined Dred and Harriet’s cases and reversed the lower court’s decision in 1852, making Dred Scott and his family enslaved again. In November 1853, Scott filed a federal lawsuit with the United States Circuit Court for the District of Missouri. By this time, Irene had transferred Scott and his family to her brother, John Sandford (although it was determined later that she retained ownership). On May 15, 1854, the federal court heard Dred Scott v. Sandford and ruled against Scott, holding him and his family in slavery. In December 1854, Scott appealed his case to the United States Supreme Court. The trial began on February 11, 1856. By this time, the case had gained notoriety and Scott received support from many abolitionists, including powerful politicians and high-profile attorneys. But on March 6, 1857, in the infamous Dred Scott decision, Scott lost his fight for freedom again.
The Dred Scott Decision outraged abolitionists, who saw the Supreme Court’s ruling as a way to stop debate about slavery in the territories. The divide between North and South over slavery grew and culminated in the secession of southern states from the Union and the creation of the Confederate States of America. The decision was strongly disputed by dissenters on the Court and others, who noted that free blacks had in fact been viewed as citizens by many states at the Founding. The newly formed Republican Party set out to reverse various aspects of Dred Scott, most pressingly, the decision’s ruling that Congress could not generally prohibit slavery in federal territories. Congress subsequently repudiated this concept of citizenship in the Fourteenth Amendment.
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Frequently asked questions
The Citizenship Clause, also known as the Fourteenth Amendment, was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It grants citizenship to "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 Constitution to prevent it from being struck down by the Supreme Court or repealed by a future Congress. It also aimed to provide a uniform, national rule for citizenship and to extend liberties and rights granted by the Bill of Rights to formerly enslaved people.
The key elements of the Citizenship Clause include the granting of citizenship to those born or naturalized in the United States and the protection of the privileges and immunities of US citizens. It also ensures that states cannot deprive any person of life, liberty, or property without due process and guarantees equal protection under the law.
Yes, there are a few recognized exceptions to the Citizenship Clause. These include children of diplomatic representatives of a foreign state, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, the citizenship of children born on US territorial waters or on the high seas is determined by the citizenship of their parents.
The interpretation of the Citizenship Clause has evolved since its inception. Initially, it was understood to automatically grant citizenship to all persons born in the United States, except for specific exceptions. However, some scholars argue that the framers of the clause did not anticipate all its consequences. Over time, the Supreme Court and Congress have reaffirmed the right to birthright citizenship and worked to prevent its restriction.
