Omar Bennett
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born within the jurisdiction of the United States. The exact wording of the Amendment is: 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 statement was made to repudiate the Supreme Court's decision in Dred Scott v. Sandford, which stated that people of African descent were not eligible for US citizenship. The Fourteenth Amendment was enacted following the Civil War to guarantee citizenship to former slaves. However, it has never been interpreted to extend citizenship to everyone born in the US, as it has always excluded those not subject to the jurisdiction of the US.
| Characteristics | Values |
|---|---|
| Amendment | Fourteenth Amendment |
| Clause | Citizenship Clause |
| Applicable to | All persons born or naturalized in the United States, excluding children of diplomats and invading armies |
| Exceptions | Children of unauthorized immigrants, children of temporary visa holders, children born to American women married to foreigners |
| Revoking citizenship | Voluntary relinquishment of citizenship, declaring allegiance to a foreign state, formally renouncing U.S. nationality, committing treason, attempting to overthrow the U.S. |
| Loss of citizenship | Rare, requires amendment to the U.S. Constitution or divergence from precedent by the U.S. Supreme Court |
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What You'll Learn
The Fourteenth Amendment
However, there is political opposition to birthright citizenship, particularly for the children of undocumented immigrants. Despite this opposition, most legal scholars agree that the Fourteenth Amendment protects birthright citizenship for all children born in the United States, and that it would require a constitutional amendment or a divergence from precedent by the Supreme Court to revoke this right.
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The Civil Rights Act of 1866
The Act declared that "all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States". This marked a significant shift in the recognition of citizenship for former slaves, as the United States had not granted them citizenship until the enactment of this Act. The Act also affirmed that all citizens, regardless of race, had the same rights as white citizens to make and enforce contracts, sue and be sued, give evidence in court, and own property.
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The Indian Citizenship Act of 1924
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 provision repudiated the Supreme Court's decision in Dred Scott v. Sandford, which misinterpreted the Constitution as excluding people of African descent from citizenship eligibility based on race. However, the Fourteenth Amendment has never been interpreted to extend citizenship to everyone born in the US, as it excludes those not "subject to the jurisdiction" of the US.
Now, let's focus on the Indian Citizenship Act of 1924:
> "All non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property."
This Act was passed by Congress and signed into law by President Calvin Coolidge on June 2, 1924. It was an all-inclusive act, providing citizenship to about 125,000 of the 300,000 Indigenous people in the United States at the time. However, it's important to note that many Native Americans had already become citizens through other means, such as by serving in the armed forces, giving up tribal affiliations, or assimilating into mainstream American life.
While the Indian Citizenship Act of 1924 granted federal citizenship to Native Americans, it did not automatically confer the right to vote. That right was often governed by state law, and it wasn't until 1948 that all states extended voting rights to Native Americans who qualified under the Act. Additionally, the Act did not require Indigenous people to give up their tribal citizenship to become US citizens, allowing them to maintain their cultural identity while gaining the rights and privileges of US citizenship.
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The Expatriation Act of 1907
The act contained seven sections, with six relating to citizenship and passports. Section 1 provided for the issuance of non-renewable alien passports with a six-month validity to non-citizens who had lived in the US for three years and intended to become US citizens. This provision was repealed in 1920. Section 2 outlined three grounds for the loss of US citizenship: naturalization in a foreign state, taking an oath of allegiance to a foreign state, and specific requirements for naturalized citizens residing in their foreign state of origin or another foreign state. It also stipulated that citizenship loss could only occur during peacetime.
Section 3 stated that any American woman who married a foreigner would assume the nationality of her husband. However, upon the termination of the marriage, she could resume her American citizenship if abroad by registering with a US consul within a year or returning to reside in the US. If she resided in the US at the end of her marriage, she could retain her citizenship by continuing to live there.
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The Citizenship Clause
The Fourteenth Amendment was passed after the Civil War to grant citizenship to former slaves, and it was further confirmed by the Civil Rights Act of 1866. The Act declared that "all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States". The phrase "Indians not taxed" referred to Native American tribal members living on reservations, who were generally not considered citizens until the Indian Citizenship Act of 1924.
While birthright citizenship is a cornerstone of American citizenship and civil rights, there has been political opposition to it in recent decades. Some, including former President Donald Trump, argue that the Fourteenth Amendment should not extend citizenship to the children of unauthorized immigrants or those with temporary visas. However, legal scholars and immigration experts assert that the president cannot unilaterally change citizenship rules, and any attempts to restrict birthright citizenship would require amending the Constitution or diverging from established legal precedent.
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Frequently asked questions
The Fourteenth Amendment to the US Constitution guarantees birthright citizenship.
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."
Birthright citizenship has its roots in English common law. In 1608, Calvin's Case established that "a person's status was vested at birth, and based upon place of birth—a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection". After the American Civil War, the Fourteenth Amendment was enacted to guarantee citizenship to African Americans, and to repudiate the Dred Scott v. Sandford decision, which excluded people of African descent from US citizenship.
The children of diplomats, invading armies, and those with diplomatic immunity are exempt from birthright citizenship. Additionally, children born on foreign warships in US ports are not considered citizens.
Revoking birthright citizenship would require amending the US Constitution or diverging from legal principles established by the Supreme Court. While Congress can change the rule, they can only make it broader and not reduce it below the constitutional minimum.
