Isabella Carter
The Citizenship Clause, which establishes birthright citizenship in the United States, can be found in Section 1 of the Fourteenth Amendment to the United States Constitution. The Citizenship Clause, which was ratified in the aftermath of the Civil War, 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 has been the subject of much debate and interpretation, with some arguing that it was intended solely to grant citizenship to formerly enslaved African Americans.
| Characteristics | Values |
|---|---|
| Location in the Constitution | First sentence of the Fourteenth Amendment |
| Date of adoption | July 9, 1868 |
| Purpose | To define citizenship and reverse the Dred Scott v. Sandford decision |
| Scope | Birthright citizenship, including children of undocumented immigrants |
| Exceptions | Children of foreign diplomats and invading armies |
| Interpretations | Varying interpretations of original intent, with some arguing it was meant for formerly enslaved African Americans |
| Legislative History | Considered thin but with a central role in the post-Civil War context |
| Judicial Interpretation | Interpreted by the Supreme Court to include all persons born on U.S. soil |
| Rights Conferred | Social and political rights, protection from racial discrimination |
| Limitations | Does not extend citizenship to everyone born in the U.S., excluding some based on jurisdiction |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868. The Fourteenth Amendment's Citizenship Clause provides the basic rule regarding the acquisition of citizenship of the United States. It also confers state citizenship on national citizens who reside in a state.
The Citizenship Clause does not identify the legal benefits that come with the status of being a citizen. It also leaves open some questions concerning the acquisition of state and national citizenship. For example, it does not say whether a state may confer state citizenship on anyone who is not a citizen of the United States. It also does not say whether national citizenship may be acquired other than through birth in the United States or naturalization.
The Citizenship Clause was also meant to root post-Civil War America in an inspiring Lincolnian reinterpretation of the nation's founding truth: that everyone is born free and equal. While the Citizenship Clause was directed at the specific evils of both the Dred Scott decision and the Black Codes, the Clause's text doesn't protect only African Americans. For instance, while the Fifteenth Amendment explicitly mentions race, the Fourteenth Amendment's text is more inclusive, speaking not just of African Americans, but of "all persons."
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Birthright citizenship
The Citizenship Clause, which addresses birthright citizenship, is the first sentence of the Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868. The clause 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 Citizenship Clause guarantees birthright citizenship in the United States, which is a legal principle that automatically grants citizenship to individuals upon birth based on their place of birth or the citizenship of their parents. There are two forms of birthright citizenship: ancestry-based citizenship (jus sanguinis) and birthplace-based citizenship (jus soli). Jus soli, a Latin term meaning "right of the soil," has been applied in the United States for over a century, granting citizenship to anyone born on U.S. territory regardless of their parents' immigration status.
The original U.S. Constitution, adopted in 1789, mentioned state and national citizenship but lacked clear and comprehensive rules regarding citizenship. The Fourteenth Amendment clarified and expanded upon the concept of citizenship, ensuring that all persons born in the United States are citizens with equal rights and protections under the law.
However, there have been debates and legal challenges regarding the interpretation and application of the Citizenship Clause. For example, the children of Native Americans living in tribes were excluded from birthright citizenship as they were considered born under the dominion of their tribes and not within the purview of U.S. law. Additionally, there have been recent attempts by political figures, including President Donald Trump, to restrict birthright citizenship for babies of undocumented immigrants and individuals with temporary status in the U.S. These efforts have been met with legal challenges, with federal courts finding that the Executive Order likely violated the Constitution and preventing the denial of birthright citizenship.
In conclusion, birthright citizenship in the United States is enshrined in the Fourteenth Amendment's Citizenship Clause, ensuring that all persons born or naturalized in the country are citizens with equal rights. While there have been debates and legal challenges, the principle of birthright citizenship remains a fundamental aspect of U.S. citizenship law.
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Jurisdiction
The phrase "subject to the jurisdiction thereof" has been a point of contention and interpretation. This phrase refers to a person's allegiance to the United States and its laws. It means that the person is not owing allegiance to any foreign power or entity and is under the authority of the US legal system. This was particularly relevant in the context of the Civil War era, where questions of allegiance and citizenship were crucial.
The jurisdiction clause was intended to exclude certain groups from automatic citizenship, such as children of foreign diplomats or invading armies, as they were not considered "subject to the jurisdiction" of the United States. This interpretation was debated by senators during the drafting of the amendment, with some arguing that it should also include Native Americans, as they were considered under the dominion of their tribes and not solely under US laws.
The Citizenship Clause has been interpreted by the Supreme Court, which held that it applies to anyone born on US soil, including the Continental United States, Alaska, Hawaii, US Territories, and the Commonwealth. This interpretation has been controversial, with some arguing that it goes against the original intent of the Fourteenth Amendment, which was to grant citizenship to formerly enslaved African Americans.
The Citizenship Clause has had a significant impact on the legal landscape of the United States, leading to desegregation in public schools and marriage equality, among other things. It has also been a source of ongoing controversy, particularly regarding birthright citizenship and immigration debates.
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Exclusions to citizenship
The Citizenship Clause, which is the first sentence of the Fourteenth Amendment to the United States 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.
However, there are some exclusions to citizenship in the United States. Firstly, the Citizenship Clause has never been interpreted to extend citizenship to everyone born within the United States. It has always excluded from birthright citizenship those who were born in the United States but were not "subject to the jurisdiction thereof". This includes the children of foreign diplomats, as well as the children of invading armies.
In addition, the Citizenship Clause does not automatically extend to persons born in the United States when the mother was unlawfully present in the country and the father was not a US citizen or lawful permanent resident at the time of birth. Similarly, if the mother's presence in the US at the time of birth was lawful but temporary and the father was not a US citizen or lawful permanent resident, the child may not be considered a citizen.
Another group that has historically been excluded from citizenship is Native Americans. The Citizenship Clause excluded the children of Native Americans living in tribes, on the basis that they were born under the dominion of their tribes and not within the purview of US law. The original Citizenship Clause also included the phrase "Indians not taxed", which implied that citizenship was dependent on wealth and allowed states to manipulate citizenship through tax policy.
Furthermore, the original naturalization act enacted by the first Congress restricted naturalization to "free white persons", specifically excluding "Chinese laborers". While these exclusions are no longer law, the current naturalization statutes generally bar subversives, terrorists, and criminals from citizenship.
There are also some exceptions and modifications to the naturalization requirements. For example, individuals aged 50 or older who have lived as permanent residents in the United States for 20 years are exempt from the English language requirement but must still take the civics test. Similarly, those aged 55 or older who have lived as permanent residents for 15 years are also exempt from the English language requirement. Individuals with physical, developmental, or mental disabilities may also be eligible for an exception to the English and civics naturalization requirements.
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Legislative history
The Citizenship Clause, which establishes birthright citizenship in the United States, can be found in the first sentence of Section 1 of the Fourteenth Amendment to the United States Constitution. The Fourteenth Amendment, which was ratified in the aftermath of the Civil War, 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 designed to protect citizens from any "congressional forcible destruction" of their citizenship. It also repudiated the Supreme Court's interpretation of the Constitution as permanently excluding people of African descent from eligibility for United States citizenship based solely on their race.
The Citizenship Clause was intended to define as citizens those so defined in the Civil Rights Act, which had been debated and passed in the same session of Congress only a few months earlier. However, the clause's author, Senator Jacob M. Howard of Michigan, phrased it differently, combining the two exceptions to citizenship by birth mentioned in the Act into a single qualification. During debates over the Citizenship Clause, senators and President Andrew Johnson discussed how both the Civil Rights Act and the Citizenship Clause could confer citizenship on children born in the United States to non-citizen parents.
The legislative history of the Citizenship Clause is considered somewhat thin by some, but its central role is evident in the historical context of the post-Civil War period. Interpretations of the original intent of Congress vary based on statements made during the congressional debate over the amendment. While some argue that the Fourteenth Amendment was intended solely to give citizenship to formerly enslaved African Americans, others believe it applies to anyone born on U.S. soil, including children of undocumented immigrants.
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Frequently asked questions
The Citizenship Clause is found in the first sentence of Section 1 of the Fourteenth Amendment to the United States 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 was adopted on July 9, 1868, as a post-Civil War amendment. Its central role was to grant citizenship to all persons born in the United States, with the specific intention of conferring citizenship on formerly enslaved African Americans.
The Citizenship Clause established birthright citizenship in the United States, which remains in effect today. This means that children born in the U.S., even to non-citizen or undocumented immigrant parents, automatically gain citizenship. However, there is ongoing controversy regarding the original intent of the clause and its application to children of tourists and undocumented immigrants.
