Omar Bennett
The Citizenship Clause, also known as 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 amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868, extending the liberties and rights granted by the Bill of Rights to formerly enslaved people. The Citizenship Clause does not address the acquisition of state and national citizenship or the rights that come with them. It also does not specify whether national citizenship can be acquired through means other than birth in the United States or naturalization. The Fourteenth Amendment has been interpreted to exclude certain individuals from automatic citizenship, such as those born to parents who are not US citizens or permanent residents.
| Characteristics | Values |
|---|---|
| Citizenship Clause | 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 |
| Citizenship Clause Author | Senator Jacob M. Howard of Michigan |
| Fourteenth Amendment Ratification Date | July 9, 1868 |
| Fourteenth Amendment Purpose | Extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Fourteenth Amendment Exceptions | Children of foreign diplomats, children of members of Indian tribes subject to tribal laws, children born to alien enemies in hostile occupation, children born of diplomatic representatives of a foreign state |
| Fourteenth Amendment Exclusions | Corporations |
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What You'll Learn
The Fourteenth Amendment
A major provision of the Fourteenth Amendment is the Citizenship Clause, which grants citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof." This clause repudiated the Supreme Court's Dred Scott v. Sandford decision, which held that free African Americans, despite being born in the United States, could not be citizens. The Fourteenth Amendment's broad language, encompassing "all persons," grants U.S. citizenship to everyone born in the country and subject to its laws, regardless of race.
The Citizenship Clause also addresses the rights of citizens, stating that no state shall make or enforce any law that abridges the privileges or immunities of U.S. citizens. It further protects the rights to life, liberty, property, and equal protection under the law. The Amendment grants Congress the power to enforce these provisions and address any private actions that undermine its command of equal citizenship.
While the Fourteenth Amendment establishes the principle of birthright citizenship, it does not create state or national citizenship. Instead, it leaves open questions about the acquisition of these forms of citizenship. For example, it does not clarify whether a state may confer state citizenship on individuals who are not citizens of the United States. Additionally, it does not specify if national citizenship can be acquired through means other than birth in the United States or naturalization.
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The Citizenship Clause
However, there are some exceptions to the Citizenship Clause. Children born to diplomats or members of foreign armies on US soil are not automatically granted citizenship. Additionally, the Citizenship Clause's stipulation about being "subject to the jurisdiction" of the US has created uncertainty, with some groups, such as Native Americans, initially being denied birthright citizenship. Furthermore, anti-immigrant political factions have pushed to restrict birthright citizenship, particularly for children of undocumented immigrants.
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State and national citizenship
The concepts of state and national citizenship were first mentioned in the original US Constitution, which was adopted in 1789. However, the details were unclear. Before the Fourteenth Amendment, the Constitution recognised both state and national citizenship. The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Citizenship Clause 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 was a response to the Dred Scott v. Sandford case, in which the Supreme Court held that free African-Americans, despite being born in the United States, could not be citizens. The Citizenship Clause grants US citizenship to everyone born in the country and subject to its laws, with some exceptions, such as children of foreign diplomats.
The Fourteenth Amendment also includes the Privileges and Immunities Clause, which states that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. This clause has been interpreted to mean that states cannot deprive citizens of life, liberty, or property without due process of law and must provide equal protection under the law.
While the Fourteenth Amendment addresses citizenship, it does not create either state or national citizenship. It also does not specify the rights associated with these citizenship statuses. The Amendment leaves open questions about the acquisition of state and national citizenship. For example, it does not clarify whether a state can confer state citizenship on someone who is not a US citizen or whether national citizenship can be acquired through means other than birth in the US or naturalisation.
In conclusion, while the Fourteenth Amendment's Citizenship Clause provides a definition of US citizenship, the concepts of state and national citizenship were already present in the original Constitution. The Fourteenth Amendment expanded upon and clarified the rights and protections afforded to citizens, particularly in response to the Dred Scott case and the Civil War. However, it did not address all the complexities surrounding citizenship acquisition and the associated rights.
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Birthright citizenship
> "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 provision was added to repudiate the Supreme Court's decision in Dred Scott v. Sandford, which interpreted the Constitution as excluding people of African descent from eligibility for citizenship based solely on their race. The Fourteenth Amendment ensures that all persons born in the United States, regardless of race, are entitled to citizenship.
However, it is important to note that birthright citizenship has been a subject of debate in recent years. On his first day in office, President Donald Trump issued an executive order, EO 14156, aimed at ending birthright citizenship for babies of undocumented immigrants and individuals with temporary status. The order specified that U.S. citizenship would not automatically extend to persons born in the U.S. if their mother was unlawfully present or if their mother's presence was lawful but temporary, and their father was not a U.S. citizen or lawful permanent resident. This executive order was challenged in court by multiple states and membership-based organizations, arguing that it was unconstitutional under the Fourteenth Amendment.
The Supreme Court case Trump v. CASA addressed the issue of birthright citizenship and the legality of universal injunctions. While the Court ruled in favor of Trump, expanding his power, it did not change the status of birthright citizenship as of July 1, 2025. The impact of the Court's decision remains to be seen, but it has potentially opened the door for conflicting rules about who is guaranteed birthright citizenship.
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The Civil Rights Act of 1866
The Act was mainly intended to protect the civil rights of persons of African descent born in or brought to the United States, in the wake of the American Civil War. It declared that all people born in the United States, excluding American Indians, who are not subject to any foreign power, are citizens of the United States, regardless of race, colour, or previous condition of slavery. This marked a repudiation of the Dred Scott v. Sandford decision, which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for citizenship based solely on their race.
The Act was closely related to the Second Freedmen's Bureau Act of 1866 and the Thirteenth Amendment, which abolished slavery. It was seen as the next logical step by Radical Republicans, who believed the federal government had a role in shaping a multiracial society in the postwar South. Congressman John Bingham was an influential supporter of the Act, and Senator Trumbull, its author, described its intended scope as not interfering with state regulations but protecting all alike in their rights of person and property.
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Frequently asked questions
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, mentions citizenship.
The Citizenship Clause 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."
The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It was intended to repudiate the Dred Scott v. Sandford decision, which held that free African-Americans, despite being born in the US, could not be citizens.
