Jonah Patel
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, defines citizenship and protects various civil rights. It grants citizenship to all persons born or naturalized in the United States and subject to the jurisdiction thereof. This amendment overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not hold citizenship. The Fourteenth Amendment also served as the basis for landmark civil rights legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
| Characteristics | Values |
|---|---|
| Amendment Number | Fourteenth Amendment |
| Date Passed by Congress | June 13, 1866 |
| Date Ratified | July 9, 1868 |
| 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 to Citizenship Clause | Children of foreign diplomats, children born to members of Indian tribes subject to tribal laws, children of alien enemies in hostile occupation, children of unlawful permanent residents |
| Landmark Legislation Resulting | Civil Rights Act of 1964, Voting Rights Act of 1965 |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause of the Fourteenth Amendment overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens. It also repudiated the American Colonization Society's repatriation of free people of colour and emancipated slaves to Africa. The Fourteenth Amendment was primarily written by Representative John Bingham and affirmed that birthright citizenship could not be revoked based on race or ethnicity.
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Birthright citizenship
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 means that children born in the United States to immigrant parents are citizens, regardless of their parents' immigration status. This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which established birthright citizenship for children of all immigrants.
The Fourteenth Amendment was enacted in the aftermath of the American Civil War and the 1865 Thirteenth Amendment, which formally abolished slavery. The Civil Rights Act of 1866 guaranteed citizenship without regard to race, colour, or prior enslavement, and this grant of citizenship was subsequently confirmed by the Fourteenth Amendment. The Citizenship Clause of the Fourteenth Amendment overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens.
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Naturalization
The Fourteenth Amendment to the US Constitution defines citizenship. Section 1 of the Fourteenth Amendment, also known as 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 amendment was passed in the final years of the American Civil War and the subsequent Reconstruction era, with the aim of protecting the rights of former slaves freed by the 1863 Emancipation Proclamation and the 1865 Thirteenth Amendment.
The Citizenship Clause overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens. It also constitutionalized the Civil Rights Act of 1866, which granted citizenship to all born within the United States, regardless of race, colour, or prior enslavement.
To be eligible for naturalization, an applicant must have been a permanent resident of the United States for at least three years if they are married to a US citizen. Applicants must also submit biometrics and may be required to appear at an application support center (ASC) to provide a photograph for their Certificate of Naturalization.
The benefits of becoming a US citizen through naturalization include the right to remain in the country indefinitely, eligibility for a US passport, the right to vote and hold elected office, and the ability to apply for certain federal and state jobs. Citizens also avoid the need to renew their Green Card, saving on renewal fees, and have more options when petitioning to bring family members to the United States.
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Equal protection under the law
The Fourteenth Amendment to the United States Constitution defines citizenship and protects various civil rights from being infringed upon by state law or state action. Section 1 of the amendment is the most frequently litigated part of the amendment and 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Citizenship Clause overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. The clause constitutionalized the Civil Rights Act of 1866's grant of citizenship to all born within the United States, except the children of foreign diplomats. The Fourteenth 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 Fourteenth Amendment's "equal protection of the laws" clause has been central to a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and University of California v. Bakke (racial quotas in education). The "equal protection of the laws" clause ensures that no state can make or enforce any law that abridges the privileges or immunities of US citizens. This includes the right to due process of law and equal protection of the law, which applies to both the federal and state governments.
The Fourteenth Amendment also addresses insurrection and rebellion, stating that anyone who has taken an oath of office to support the Constitution of the United States shall not engage in insurrection or rebellion against it. Congress may, by a two-thirds vote of each House, remove such a disability.
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Civil rights
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, defines citizenship and protects civil rights. The Citizenship Clause of 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 clause was intended to repudiate the Supreme Court's Dred Scott decision, which ruled that African Americans could not become citizens. The Fourteenth Amendment extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing their citizenship without regard to race, colour, or prior enslavement.
The Fourteenth Amendment also includes a provision that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This provision was designed to protect the civil rights of African Americans and prevent southern states from enacting discriminatory laws that restricted their movement, employment, self-defence, and legal rights. The amendment further states that "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Citizenship Clause has been interpreted by the Supreme Court to grant birthright citizenship to children born in the United States, regardless of their parents' citizenship status. However, there are some exceptions to this, such as children born to foreign diplomatic representatives or children of members of Indian tribes subject to tribal laws. The Fourteenth Amendment also specifically excludes corporations from claiming the protection of the amendment's privileges and immunities clause.
The Fourteenth Amendment has been the basis for landmark civil rights legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. While the amendment was intended to protect the rights of African Americans, it failed to do so effectively during the Reconstruction era. It was only through the determined struggle of Black and White citizens, legislative action, and executive branch enforcement that the promise of the Fourteenth Amendment began to be realised in the 20th century.
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Frequently asked questions
The Fourteenth Amendment to the United States Constitution defines citizenship.
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 grants citizenship to all born within the United States, except for children of foreign diplomats and those not subject to the jurisdiction of the United States.
The Fourteenth Amendment was passed in the aftermath of the American Civil War and the Reconstruction era. It was designed to protect the civil rights of African Americans and formerly enslaved people, guaranteeing their citizenship and equal protection under the law. The Citizenship Clause overruled the Supreme Court's Dred Scott decision, which had interpreted the Constitution as excluding people of African descent from eligibility for United States citizenship based solely on their race.
