Jonah Patel
The Fourteenth Amendment to the United States Constitution defines citizenship and protects various civil rights from being denied by any state law. 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 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 overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens.
| Characteristics | Values |
|---|---|
| Name of Amendment | Fourteenth Amendment |
| Section | 1 |
| 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 | Children of foreign diplomats, children of alien enemies in hostile occupation, children of members of Indian tribes subject to tribal laws |
| Overruled | Supreme Court's Dred Scott decision that African Americans could not become citizens |
| Birthright Citizenship | Granted to all born within the jurisdiction of the United States, regardless of parents' citizenship status |
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What You'll Learn
The Fourteenth Amendment defines US citizenship
Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. It 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 concept of birthright citizenship was first defined in the Civil Rights Act of 1866, passed after the US Civil War to affirm the rights of Black Americans who had been enslaved.
The Citizenship Clause of the Fourteenth Amendment overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. It also repudiated the American Colonization Society's repatriation of freeborn people of colour and emancipated slaves to Africa. The Citizenship Clause has been interpreted by the Supreme Court as granting birthright citizenship to all born within the jurisdiction of the United States. In United States v. Wong Kim Ark (1898), the Supreme Court confirmed that children born in the United States receive birthright citizenship, regardless of their parents' immigration status.
The Fourteenth Amendment also guaranteed equal protection under the law. This provision led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. The Fourteenth Amendment's historical context of countering discriminatory Black Codes in the southern states has been used in its interpretation by the Supreme Court.
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Birthright citizenship
Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. 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 Citizenship Clause was primarily written by Representative John Bingham, and it is the most frequently litigated part of the amendment.
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 principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status. In this case, San Francisco-born Wong Kim Ark was prohibited from reentering the United States after travelling to China to visit family, as customs agents claimed he was not a citizen because his parents were unable to naturalize. With legal support, he took his case to the Supreme Court and won.
In January 2025, President Donald Trump issued Executive Order 14160 to deny birthright citizenship to children with parents of illegal or temporary immigration status. Enforcement of the Executive Order has been blocked as unconstitutional by multiple federal judges.
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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 denied or abridged by any state law or state action. Section 1 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.
The Citizenship Clause overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. Birthright citizenship was meant to repudiate the repatriation of freed slaves to Africa. The Fourteenth Amendment's Citizenship Clause is an extension of its egalitarian principles.
The Fourteenth Amendment also contains the Equal Protection Clause, which states that:
> 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 Equal Protection Clause was intended to stop states from discriminating against black citizens. It was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation. The clause has also been used in many other decisions rejecting discrimination and bigotry towards people belonging to various groups.
Despite its original purpose, the Equal Protection Clause has been interpreted broadly. For example, despite its reference to "states", the Clause has been read into the Fifth Amendment to prevent discrimination by the federal government.
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Overturning Dred Scott decision
The Dred Scott decision was a landmark ruling by the United States Supreme Court in 1857, which held that the U.S. Constitution did not extend citizenship to people of black African descent, and they could not enjoy the rights and privileges conferred upon American citizens. The decision was based on the case of Dred Scott, an enslaved black man who sued for his freedom in St. Louis Circuit Court, arguing that he had been held in bondage in a free territory and then returned to a slave state. Despite initially winning his case, the Supreme Court later ruled against him, stating that enslaved people were not citizens and that Congress could not ban slavery from federal territories.
The Dred Scott decision played a significant role in escalating tensions over slavery and is widely considered one of the worst decisions in the Supreme Court's history due to its overt racism and poor legal reasoning. It was formally overturned by the Thirteenth and Fourteenth Amendments to the Constitution, which abolished slavery and defined citizenship. The Fourteenth Amendment, primarily written by Representative John Bingham, explicitly states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens and are entitled to equal protection under the law.
The Citizenship Clause of the Fourteenth Amendment repudiated the Dred Scott decision by constitutionalizing the Civil Rights Act of 1866, which granted citizenship to all born within the United States, regardless of race. This amendment affirmed the birthright citizenship of all persons born in the United States, including children of disfavored ethnic minorities and non-citizen immigrants, as upheld in United States v. Wong Kim Ark (1898). The Fourteenth Amendment also served to counter the discriminatory Black Codes of southern states, as interpreted by the Supreme Court in Shelley v. Kraemer (1948).
The expansion of citizenship to African Americans was initially met with resistance, with President Johnson vetoing it as racial discrimination against the southern states. However, his veto was overridden, and the Fourteenth Amendment became law. The amendment's egalitarian principles ensured that birthright citizenship could not be revoked based on race or ethnicity, providing a legal framework to protect the civil rights of all citizens, including those who had been previously enslaved.
In recent times, the topic of birthright citizenship has resurfaced, with President Donald Trump issuing Executive Order 14160 in 2025 to deny citizenship to children with parents of illegal or temporary immigration status. However, this order has been blocked by federal judges as unconstitutional, upholding the principles established by the Fourteenth Amendment over a century earlier.
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Protection against state abridgment
The Fourteenth Amendment to the United States Constitution defines citizenship and protects citizens' civil rights from being abridged or denied by any state law or state action. 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 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, except the children of foreign diplomats.
The Fourteenth Amendment explicitly protects the privileges and immunities of citizens of the United States from abridgment by state legislation. This means that no state can make or enforce any law that abridges the privileges or immunities of US citizens. The amendment also guarantees due process and equal protection under the law, stating that no state shall "deprive any person of life, liberty, or property, without due process of law" and that no state shall "deny to any person within its jurisdiction the equal protection of the laws."
The Citizenship Clause has been interpreted by the Supreme Court in several cases, including United States v. Wong Kim Ark (1898), where the Court confirmed that children born in the United States receive birthright citizenship, regardless of their parents' citizenship status. In Elk v. Wilkins (1884), the Court interpreted the Citizenship Clause as granting birthright citizenship to all born within the jurisdiction of the United States. The Court has also held that children born in the United States to parents who are not eligible for naturalization themselves are still considered citizens of the United States with all the rights and privileges of citizenship.
The Fourteenth Amendment's protection against state abridgment of citizens' privileges and immunities has been applied in cases such as Oyama v. California, where the Court agreed that a state Alien Land Law deprived a native-born youth of his privileges as an American citizen. The Court's interpretation of the Fourteenth Amendment in this case and others has had a significant impact on the civil rights of citizens and the balance of power between the federal government and the states.
It is important to note that there are some recognized exceptions to the Citizenship Clause, including children born to diplomatic representatives of foreign states, children born to alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, corporations have been declared unable to claim the protection of the Fourteenth Amendment's Privileges or Immunities Clause, as they are not citizens of the United States.
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Frequently asked questions
The Fourteenth Amendment to the US Constitution defines citizenship.
Section 1 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 is known as the Citizenship Clause, which grants birthright citizenship to those born within the United States.
The Fourteenth Amendment was passed in 1866 and ratified in 1868 after the Civil War to extend liberties and rights to formerly enslaved people. It was intended to counter discriminatory Black Codes in the southern states and overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens.
Yes, there have been several court cases that have interpreted and challenged the definition of birthright citizenship in the Fourteenth Amendment. For example, in United States v. Wong Kim Ark (1898), the Supreme Court affirmed that children born in the US are citizens, regardless of their parents' immigration status. However, in 2025, President Donald Trump issued an executive order to deny birthright citizenship to children with parents of illegal or temporary immigration status, which was blocked by federal judges as unconstitutional.
