Simone Lawson
Citizenship in the US Constitution was first defined in the Citizenship Clause, which is the first sentence of the Fourteenth Amendment. The Citizenship Clause established birthright citizenship in the United States, stating 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 adopted on July 9, 1868, and marked an important shift in American identity by establishing a simple national rule for citizenship, which overruled state-by-state determinations that often discriminated against African Americans.
| Characteristics | Values |
|---|---|
| Date of adoption | July 9, 1868 |
| Amendment number | Fourteenth Amendment |
| Section | 1 |
| Sentence | First |
| 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 by birth | Granted to all persons born in the United States, except children of diplomatic representatives of a foreign state, children of alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws |
| Citizenship by naturalization | Granted to persons of "African nativity and... descent" since 1870 |
| Exclusions | "Chinese laborers" since 1882 |
| Congress powers | Power to define and protect badges of citizenship; power to define "subject to the jurisdiction thereof" for the purpose of regulating immigration |
| State powers | Power to confer state citizenship |
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What You'll Learn
The Fourteenth Amendment
Prior to the Fourteenth Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules. Many states restricted state citizenship to whites, and African Americans, even those born in the state, were often considered mere "inhabitants". The Citizenship Clause overturned this, establishing a national rule for citizenship: if you are born in America, you are a US citizen. This marked an important shift in American identity, making Americans citizens of the nation, first and foremost.
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Birthright citizenship
Citizenship in the United States was not originally defined in the Constitution. Before the ratification of the Fourteenth Amendment, states were allowed to set their own rules, with many reserving citizenship for whites only.
The Fourteenth Amendment, also known as the Citizenship Clause, was a shift in American identity, establishing a national rule for citizenship. The 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 is known as jus soli, or "right of the soil", and is a form of birthplace-based citizenship.
The Fourteenth Amendment also made Americans citizens of the nation, rather than of individual states, and provided a set of fundamental "privileges or immunities" that were to be protected. This included the right to due process and equal protection under the law.
The Fourteenth Amendment has been interpreted by the Supreme Court to extend citizenship to everyone born within the United States, regardless of their parent's immigration status. This interpretation has been affirmed in multiple cases, including United States v. Wong Kim Ark (1898), which clarified that children born in the U.S. to immigrant parents are citizens. Other cases include Perkins v. Elg, which held that a person born of foreign parents leaving the U.S. for a long period did not affect their status as a U.S. citizen, and Afroyim v. Rusk, which held that birthright citizenship was "beyond the power of any governmental unit to destroy".
Despite this, there have been attempts to restrict birthright citizenship, including an executive order by President Trump in 2025, which was blocked by four federal courts. Trump's order claimed that the Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but were not "subject to the jurisdiction thereof". This interpretation has been criticised as unconstitutional and wrong, with opponents equating being "subject to the jurisdiction" of the United States with "allegiance" to the country.
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Citizenship by naturalization
The Fourteenth Amendment to the US Constitution, in Section 1, defines citizenship in the United States. 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 amendment was a significant shift in American identity, as it established a national rule for citizenship, doing away with state-by-state determinations, which often reserved citizenship for whites only.
Naturalization is the process of becoming a US citizen if you were born outside of the country. It is a 10-step process, which requires applicants to submit Form N-400, Application for Naturalization. This form can be filed 90 calendar days before completing the continuous residence requirement, provided the applicant's eligibility for naturalization is based on being a permanent resident for at least 3 years, and they are married to a US citizen.
The form can be submitted online or by mail, and the filing fee must be paid by money order, personal check, cashier's check, or credit/debit card. However, if paying by credit or debit card, the payment cannot be disputed later. It is important to note that USCIS will only accept the 01/20/25 edition of the form starting on April 4, 2025.
After submitting the form, applicants may be required to submit biometrics and attend an interview, during which they will take the 2008 US naturalization test, consisting of a civics test (US history and government) and an English test. However, those who meet certain age or disability qualifications may be exempt from these tests.
The time it takes to become a naturalized citizen can vary depending on the applicant's location.
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Citizenship by state determination
Citizenship in the United States is a legal status that confers specific rights, duties, protections, and benefits. Citizenship by state determination refers to the historical practice of individual states setting their own criteria for citizenship before the ratification of the Fourteenth Amendment. This allowed states to restrict citizenship to whites, excluding African Americans, even those born in the state, from citizenship. These state-level determinations often influenced who became a U.S. citizen.
The Fourteenth Amendment, through the Citizenship Clause, transformed this dynamic by prioritizing national citizenship over state citizenship. It established a uniform rule for citizenship, declaring that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. This amendment overturned previous interpretations, such as the Dred Scott Decision, which excluded freed slaves from citizenship.
The Citizenship Clause marked a significant shift in American identity by creating a national standard for citizenship that superseded state-level determinations. It ensured that birthright citizenship, or citizenship acquired by birth within the territorial limits of the United States, was granted to all persons born in the country, regardless of race or state of residence. This shift aligned with Lincoln's reinterpretation of Jefferson's principle that "all men are created equal," challenging the racial caste system and other birth-based hierarchies.
While the Fourteenth Amendment addressed citizenship at the national level, state citizenship still holds significance in the United States. State citizenship establishes a relationship between an individual and a particular state, influencing domestic matters such as tax decisions, eligibility for certain state-provided benefits, and qualifications for state political positions. It is important to note that state citizenship is distinct from national citizenship and may have varying implications for an individual's rights and privileges.
In conclusion, citizenship by state determination was a precursor to the standardized definition of citizenship established by the Fourteenth Amendment. The amendment's Citizenship Clause ensured that all persons born or naturalized in the United States were granted citizenship, regardless of state boundaries or racial discrimination. While state citizenship still carries weight in specific contexts, national citizenship has become the primary marker of an individual's rights, protections, and privileges as an American citizen.
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Citizenship by Congressional determination
The Citizenship Clause, or the first sentence of the Fourteenth Amendment, establishes birthright citizenship in the United States. 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 adopted on July 9, 1868, and marked a significant shift in American identity by providing a uniform rule for citizenship.
Prior to the Fourteenth Amendment, the Constitution did not offer a clear definition of citizenship, allowing states to set their own criteria. Many states restricted state citizenship to whites, excluding African Americans, even those born on US soil. The Fourteenth Amendment's Citizenship Clause overturned this, establishing that anyone born in the US under its flag is a US citizen, regardless of race.
The Fourteenth Amendment also grants Congress broad powers to define and protect the badges of citizenship against governments and powerful private actors. Congress has the authority to regulate immigration and determine who is "subject to the jurisdiction" of the United States for citizenship purposes. This power has been used to shape the naturalization process, with early laws restricting naturalization to "free white persons". Over time, these laws expanded to include persons of "African nativity and descent" while excluding "Chinese laborers".
The interpretation and application of the Citizenship Clause have been the subject of Supreme Court cases, such as United States v. Wong Kim Ark, which affirmed birthright citizenship for children born in the US to lawful permanent residents. The Fourteenth Amendment also protects citizens from any "congressional forcible destruction" of their citizenship, as seen in the case of a naturalized citizen who voted in a foreign election and was initially denied passport renewal.
While the Citizenship Clause mentions state citizenship, it does not define it, and notably, it excluded Native Americans at the time as they were generally considered members of sovereign tribal nations. It was not until the Indian Citizenship Act of 1924 that Native Americans were granted full citizenship rights by Congress.
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Frequently asked questions
Citizenship is first defined in the Citizenship Clause, which is the first sentence of 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". This clause establishes birthright citizenship and citizenship by naturalization as the two types of citizenship in the United States.
The Citizenship Clause had a significant impact on the definition of citizenship in the US. Prior to its ratification, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, often based on race. The Fourteenth Amendment established a national rule for citizenship, stating that anyone born in the US under its flag is a US citizen, regardless of race. It also granted fundamental rights and privileges to American citizens, such as equal protection under the law.
