Eleanor Finch
The Citizenship Clause, which defines the requirements for US citizenship, is the first sentence of the Fourteenth Amendment to the US Constitution. The Fourteenth Amendment was adopted on July 9, 1868, and 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 was added to address the lack of clarity around citizenship requirements in the original US Constitution, which was adopted in 1789. The Citizenship Clause has been interpreted to prioritize national citizenship over state citizenship, and it grants Congress the power to define and protect the rights of citizens.
| Characteristics | Values |
|---|---|
| Citizenship Clause | First sentence of the Fourteenth Amendment to the United States Constitution |
| Date of adoption | July 9, 1868 |
| Citizenship Clause definition | 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 diplomats, tribal Indians, and invading armies |
| Citizenship by birth | Anyone born on American soil under the American flag is an American |
| Citizenship by birth exceptions | Children of slaves, children of Native Americans living in tribes, children born to mothers who were unlawfully present in the US and whose fathers were not US citizens or lawful permanent residents |
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What You'll Learn
The Fourteenth Amendment
The concept of citizenship by birth within the country has a long history, dating back to the 16th century. The Fourteenth Amendment further entrenched this principle, ensuring that no state could deny the privileges and immunities of citizenship to those who met the criteria. This amendment also addressed the right to vote, stating that if male inhabitants of a state who are citizens and at least 21 years old are denied the right to vote, the basis of representation for that state shall be reduced proportionally.
While the Fourteenth Amendment guarantees citizenship rights, it has not been interpreted to extend citizenship universally to everyone born in the United States. There are specific exclusions, such as children born to parents who are not citizens and are not subject to U.S. jurisdiction. Additionally, corporations have been declared unable to claim the protections of the Fourteenth Amendment regarding citizenship, as seen in cases like Orient Ins. Co. v. Daggs (1869).
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Birthright citizenship
Citizenship requirements are listed in the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868. The Citizenship Clause, or 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 was also ratified in part to ensure that Black people, including former slaves, had citizenship.
The Fourteenth Amendment guarantees birthright citizenship in the United States. Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth. There are two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. Birthplace-based citizenship, also known as jus soli, grants citizenship based on place of birth. In the United States, this means that anyone born on U.S. territory is granted citizenship, regardless of their parent's immigration status. This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark.
However, there are some exceptions to birthright citizenship in the United States. For example, the children of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws are excluded from birthright citizenship. Additionally, the citizenship of children born on vessels in United States territorial waters or on the high seas is determined by the citizenship of the parents. Furthermore, the Trump administration has sought to end birthright citizenship for babies of undocumented immigrants and people with temporary status in the U.S.
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Exemptions to birthright citizenship
Citizenship requirements are listed in the Fourteenth Amendment to the United States Constitution. The Citizenship Clause, 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 has been interpreted to guarantee birthright citizenship to every child born within the jurisdiction of the United States. However, there have been exemptions and debates surrounding the application of this clause. Here are some exemptions to birthright citizenship:
- Children of Foreign Diplomats and Occupying Forces: The Citizenship Clause excludes children born of diplomatic representatives of foreign states and children born of alien enemies in hostile occupation. This is based on the common-law principle that these children are not considered to be under the jurisdiction of the United States.
- Native American Tribal Members: Native Americans living under tribal sovereignty were historically excluded from birthright citizenship. The reasoning was that they were born under the dominion of their tribes and not within the purview of U.S. law. The Indian Citizenship Act of 1924 granted citizenship to Native Americans living in tribes on reservations.
- Children of Unauthorized Immigrants: There is political opposition to granting birthright citizenship to the children of unauthorized immigrants. While most legal scholars interpret the Fourteenth Amendment as endorsing jus soli citizenship, a dissenting view holds that it does not apply to these children. President Donald Trump issued an executive order in 2025 asserting that the federal government would not recognize birthright citizenship for the children of non-citizens, but this order is currently being challenged in court.
- Temporary Visitors: The United States government has stated that it will not recognize birthright citizenship for persons born in the United States when their mother's presence in the country was lawful but temporary (e.g., on a student, work, or tourist visa) and their father was not a U.S. citizen or lawful permanent resident. This policy applies only to persons born after a specified date.
- Unlawful Presence: The U.S. government also does not recognize birthright citizenship for persons born to mothers who were unlawfully present in the country, provided the father was not a U.S. citizen or lawful permanent resident.
It is important to note that the debate surrounding birthright citizenship and exemptions is ongoing, and the interpretation and application of the Citizenship Clause continue to evolve through court decisions and legislative actions.
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The Civil Rights Act of 1866
The Act had three primary objectives: defining American citizenship, outlining the rights that come with this citizenship, and establishing the unlawfulness of depriving any person of their citizenship rights based on "race, colour, or prior condition of slavery or involuntary servitude". The Act declared that all people born in the US who are not subject to any foreign power are entitled to be citizens, regardless of race, colour, or previous conditions of slavery or involuntary servitude. This was a major shift from pre-Civil War interpretations, where only some persons born or naturalized in the US were considered citizens.
The Fourteenth Amendment, ratified in 1868, parallels the language and objectives of the Civil Rights Act of 1866. The Citizenship Clause in the Fourteenth Amendment affirms 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 was meant to repudiate the Dred Scott decision and place the Civil Rights Act of 1866 on a firmer legal foundation. The Fourteenth Amendment also includes an Equal Protection Clause, which parallels the non-discrimination language in the 1866 Act.
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The Dred Scott case
In the Dred Scott case, the Supreme Court ruled that enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts. The Court's opinion, written by Chief Justice Roger B. Taney, stated that people of African descent were not included under the word 'citizens' in the Constitution and could not claim any of the rights and privileges guaranteed to citizens. Taney argued that a "perpetual and impassable barrier was intended to be erected between the white race and the one which they had reduced to slavery." The Court also ruled that Congress had no authority to ban slavery in federal territories, thus invalidating the Missouri Compromise of 1820, which had declared all territories west of Missouri and north of latitude 36°30′ as free.
The Dred Scott decision is widely considered one of the worst, if not the worst, in the Supreme Court's history. It has been denounced for its overt racism, judicial activism, and poor legal reasoning. The decision inflamed tensions over slavery, deepened the divide between states, and pushed the nation closer to the Civil War. The ruling was ultimately superseded by the Thirteenth and Fourteenth Amendments to the Constitution, which abolished slavery and guaranteed citizenship for all persons born or naturalized in the United States.
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Frequently asked questions
Citizenship requirements are listed in the Fourteenth Amendment to the US Constitution.
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 overruled the Dred Scott case, which stated that African Americans were not and could not become citizens of the United States. The Clause establishes the priority of national citizenship and requires states to treat any American residing in that state as a full and equal citizen.
