Malcolm Rivera
The Fourteenth Amendment to the US Constitution, adopted on July 9, 1868, enshrined birthright citizenship in the Citizenship Clause, which 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 amendment was a response to the Dred Scott v. Sandford decision, which excluded people of African descent from US citizenship based on race. The Fourteenth Amendment guaranteed certain rights for African Americans and affirmed birthright citizenship for almost everyone born in the US, except children of diplomats and invading armies.
| Characteristics | Values |
|---|---|
| Date of Amendment | July 9, 1868 |
| Amendment Number | Fourteenth Amendment |
| 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." |
| Exceptions | Children of diplomats, children of invading armies, children of American Indian tribal members |
| Support | Most legal scholars, Representative James F. Wilson, Representative John Bingham, Eric Ward, Margaret Stock |
| Opposition | Donald Trump, dissenting legal scholars |
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What You'll Learn
The Fourteenth Amendment and citizenship
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses citizenship and the rights of citizens. 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 amendment was enacted after the Civil War to guarantee certain rights for African Americans in all states and to rectify the Supreme Court's Dred Scott v. Sandford decision, which excluded people of African descent from United States citizenship based on race. The Fourteenth Amendment repudiated this decision and guaranteed citizenship to all persons born in the United States, regardless of race, with the exception of children born to diplomats or foreign armies on US soil.
The Fourteenth Amendment has been interpreted by legal scholars to enshrine unrestricted birthright citizenship in the Constitution. However, there is a dissenting view that it does not apply to the children of unauthorised immigrants born on US soil. This interpretation has been challenged in court, with the State of New Jersey arguing that the executive branch does not have the authority to nullify a constitutional amendment on citizenship.
The Fourteenth Amendment also includes other provisions related to citizenship, such as prohibiting states from depriving any person of life, liberty, or property without due process of law, and guaranteeing equal protection under the law. These provisions have been frequently litigated in landmark cases addressing racial discrimination, reproductive rights, and election recounts, among other issues.
In summary, the Fourteenth Amendment to the United States Constitution enshrines birthright citizenship and guarantees certain rights and protections for citizens, including equal protection under the law. The interpretation and application of these rights have been the subject of ongoing legal debates and court challenges.
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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 stated that all people born in the United States who are not subject to any foreign power are entitled to citizenship, regardless of race, colour, or previous condition as enslaved persons. This granted citizenship to former slaves, which was subsequently confirmed by the Fourteenth Amendment.
The Act also provided that all citizens have the same rights as white citizens to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. Additionally, it guaranteed to all citizens the "full and equal benefit of all laws and proceedings for the security of person and property". Persons who denied these rights to others on account of race or previous enslavement were guilty of a misdemeanour and faced fines or imprisonment upon conviction.
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The Dred Scott decision
The 14th Amendment to the U.S. Constitution, ratified in 1868, enshrined birthright citizenship in the Constitution, guaranteeing that all persons born or naturalized in the United States are citizens and ensuring their protection under the law. This amendment was a direct response to the issues highlighted by the infamous Dred Scott decision, which had far-reaching implications for the country and the future of civil rights.
However, the Supreme Court's ruling denied Scott's claim to freedom and citizenship. Chief Justice Roger Taney's majority opinion stated that black people, whether enslaved or free, could not be and were not intended to be citizens of the United States and therefore had no standing to sue in federal court. Taney's opinion also declared the Missouri Compromise of 1820, which had prohibited slavery in certain territories, to be unconstitutional, asserting that it violated slave owners' property rights.
The decision had far-reaching consequences. It effectively denied the possibility of African Americans, free or enslaved, having any legal rights and deepened the divide between the North and the South, exacerbating tensions over slavery and states' rights. The case also highlighted the power of the judiciary in shaping the nation's future, demonstrating how the interpretation of the Constitution could have a profound impact on the lives of millions.
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Exceptions to birthright citizenship
The Fourteenth Amendment, adopted on July 9, 1868, enshrined birthright citizenship in the US Constitution through its Citizenship Clause. The 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."
However, there are a few exceptions to birthright citizenship in the United States. Firstly, throughout US history, enslaved persons and children of enslaved mothers were excluded from birthright citizenship under the principle of partus sequitur ventrem. After the Civil War, former slaves were not granted citizenship until the enactment of the Civil Rights Act of 1866, which was later confirmed by the Fourteenth Amendment.
Secondly, until the 20th century, a married woman's citizenship status depended on her husband's status, meaning a woman born as a US citizen could lose her citizenship by marrying a foreigner. This was exemplified in the case of Ethel Mackenzie, an American-born woman who married a British subject in 1909. When she attempted to register to vote in 1911, she was refused because she was deemed to have expatriated herself by marrying a foreigner.
Thirdly, American Indian tribal members are not covered by the constitutional guarantee of birthright citizenship. They were generally not considered citizens until the Indian Citizenship Act of 1924.
Finally, the two explicit exceptions to birthright citizenship are children born to diplomats and children born to members of foreign armies living on US territory. However, children born to undocumented immigrants or temporary visitors do not fall under these exceptions, as birthright citizenship is not based on a parent's immigration status.
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Attempts to eliminate birthright citizenship
The 14th Amendment, passed in 1868, enshrined birthright citizenship in the US Constitution. However, there have been several attempts to eliminate this right. One of the most notable efforts was led by former President Donald Trump, who, in one of his first acts as president, signed an executive order aimed at ending automatic citizenship rights for anyone born on US soil. This executive order sought to deny citizenship to the children of people who were either in the US illegally or on temporary visas.
Trump's attempt to end birthright citizenship faced significant legal challenges, with multiple federal district courts blocking the order and calling it "blatantly unconstitutional." Eighteen states sued the federal government over the executive order, and the Supreme Court was set to consider the case. Most legal scholars agree that the president does not have the power to unilaterally change the law in this area, and Trump's order contradicted the 14th Amendment and over a century's worth of Supreme Court precedent. The Supreme Court's eventual ruling in the case curbed the power of lower court judges to block illegal presidential actions, which some viewed as a negative development that would make it harder to halt illegal actions by the president.
The debate around repealing birthright citizenship has been ongoing for years, with some arguing that it is a magnet for illegal immigration and "birth tourism." However, surveys have found that people immigrate primarily for jobs and better lives, and that existing policies and law enforcement can address issues like birth tourism. Opponents of repealing birthright citizenship argue that doing so would create a permanent underclass of people born in the US but denied full rights as Americans, negatively impacting the national interest. They also highlight the historical significance of birthright citizenship in addressing the US's history of slavery and racialized class systems.
While some proponents of repealing birthright citizenship argue that it could be undone by an act of Congress, most legal experts believe that a constitutional amendment would be required. The Migration Policy Institute estimates that ending birthright citizenship for US babies with two unauthorized immigrant parents would increase the unauthorized population by 4.7 million people by 2050, with 1 million being the children of parents who themselves were born in the US.
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Frequently asked questions
The Citizenship Clause is part of the Fourteenth Amendment, which 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 Fourteenth Amendment was adopted on July 9, 1868, after the American Civil War. It was enacted to repudiate the Dred Scott v. Sandford decision, which excluded people of African descent from eligibility for United States citizenship based on their race.
According to the Fourteenth Amendment, there are two exceptions to birthright citizenship: children born to diplomats and children born to members of foreign armies living on U.S. territory.
