Simone Lawson
The 14th Amendment to the US Constitution, also known as the Citizenship Clause, guarantees birthright citizenship to all children born in the United States. This amendment was passed after the Civil War to protect the children and descendants of formerly enslaved people and free Black residents who had not previously been considered citizens. The 14th 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 has been interpreted to mean that all children born within US borders are entitled to citizenship, regardless of their parents' citizenship status. However, there are some exceptions to this rule, such as children born to diplomatic representatives or alien enemies. The 14th Amendment also provides equal protection and freedom from discrimination, which has been interpreted to include reproductive autonomy and privacy.
| Characteristics | Values |
|---|---|
| Amendment Number | Fourteenth Amendment |
| What 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." |
| Who it applies to | All persons born in the United States, except children of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws |
| Who it doesn't apply to | Children of unauthorized immigrants or those in the country on a temporary visa |
| What it grants | Birthright citizenship, also known as the right to citizenship or the right to birth rights |
| Who it protects | Formerly enslaved people, free Black residents, and their children and descendants |
| What it protects against | Slavery, discrimination, and deprivation of liberty |
| What it ensures | Equal protection and freedom from discrimination, reproductive autonomy, and the right to life |
| What it upholds | Civic life, economy, and democracy |
Explore related products
What You'll Learn
The 14th Amendment and birthright citizenship
The 14th Amendment to the US Constitution guarantees birthright citizenship to individuals born in the US. The text of 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."
The 14th Amendment was passed after the Civil War to protect the rights of freed slaves and their descendants. The Amendment overruled the 1857 Dred Scott decision, in which the Supreme Court held that people of African descent could not be citizens of the United States.
The 14th Amendment has been interpreted to mean that children born in the US are entitled to birthright citizenship, regardless of the citizenship status of their parents. This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the US to immigrant parents are citizens.
However, the 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. There are some exceptions to birthright citizenship, 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, children born to undocumented immigrants or those with temporary status in the US may be excluded from birthright citizenship.
Attempts to restrict birthright citizenship, such as through executive orders, have been met with legal challenges and criticism. Some argue that only the states have the power to change the Constitution, and any changes to birthright citizenship would require the consent of two-thirds of Congress and ratification by at least 38 states.
Amendments to the Constitution: A Historical Overview
You may want to see also
The Supreme Court's Dred Scott decision
The 14th 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," was passed in response to the infamous Dred Scott decision by the United States Supreme Court.
Dred Scott, an enslaved man, had been taken by his owners from Missouri, a slave state, to Illinois and Wisconsin, which were free states and territories. Upon returning to Missouri, Scott and his wife sued for their freedom, arguing that their residence in free territories had freed them from slavery. The case, Dred Scott v. Sandford (or Dred Scott v. John F.A. Sandford), reached the US Supreme Court, which ruled against Scott on March 6, 1857. The Court decided that Scott was not entitled to freedom and that African Americans were not citizens of the United States. This decision was based on the racist and flawed reasoning that the Constitution did not extend American citizenship to people of African descent.
The Dred Scott decision is widely considered one of the worst, if not the worst, in the Supreme Court's history. It has been denounced for its overt racism, judicial activism, and poor legal reasoning. The decision effectively nationalized slavery and played a significant role in the lead-up to the American Civil War. The ruling also set a precedent for excluding people of African descent from citizenship rights, which was only rectified with the passage of the 14th Amendment after the Civil War.
The 14th Amendment, added to the Constitution in 1868, guarantees birthright citizenship and equal protection under the law for all persons born in the United States. It was a direct response to the Dred Scott decision and other injustices suffered by African Americans during the slavery era. The Amendment ensures that all individuals born in the US are considered citizens, regardless of their parents' citizenship status, and are entitled to the rights and privileges of citizenship.
Women's Suffrage: Constitutional Amendment for Voting Rights
You may want to see also
The Civil Rights Act of 1866
The Act declared that "all persons born in the United States," with the exception of American Indians, "are hereby declared to be citizens of the United States." It also stated that any citizen has the same rights as a white citizen 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, the Act guaranteed to all citizens the "full and equal benefit of all laws and proceedings for the security of person and property."
The Constitution's Last Amendments: A Historical Overview
You may want to see also
Explore related products
Birth tourism
The 14th Amendment to the US Constitution guarantees citizenship to all children born inside the US, regardless of their parents' citizenship status. This guarantee, known as birthright citizenship, has been in place for over 150 years.
However, birthright citizenship has also led to the phenomenon of "birth tourism", where foreign nationals travel to another country with birthright citizenship to give birth, so that their child automatically gains citizenship of that country. The primary reason for birth tourism is to obtain citizenship for the child, which may help the parents obtain permanent residency in the future. Popular destinations for birth tourism include the United States, Canada, Hong Kong, and Saipan in the Northern Mariana Islands.
In the United States, birth tourism is a controversial issue. While not illegal, it is often considered exploitative of the system, especially when birth tourists use services provided by tax dollars, like Medicaid and Medicare. In recent years, there have been efforts to curb birth tourism, including changes to visa rules and raids on multimillion-dollar birth tourism businesses. Federal prosecutors have also charged individuals involved in birth tourism schemes with conspiracy to commit healthcare fraud, visa fraud, wire fraud, and money laundering.
The cost of birth tourism varies widely, ranging from $7,000 to $100,000, depending on the destination and the services provided. Some birth tourism packages include lodging and medical care, while others may offer luxury accommodations and transportation.
The 20th Amendment: A Historic Addition to the Constitution
You may want to see also
The right to reproductive autonomy
The 14th Amendment, which guarantees birthright citizenship, also plays a crucial role in protecting reproductive autonomy. It ensures that all persons born or naturalized in the United States and subject to its jurisdiction are citizens with equal protection under the law. This amendment repudiated the Dred Scott v. Sandford decision, which excluded people of African descent from US citizenship based on race. The 14th Amendment's guarantee against state deprivation of liberty, including the right to privacy and bodily autonomy, is a core pillar of reproductive autonomy.
Reproductive autonomy is not just a legal concept but a transformative principle that promises individuals control over their reproductive decisions. It is about recognizing that reproduction is a significant undertaking that can profoundly impact individuals, families, and societies. Achieving true reproductive autonomy requires addressing persistent inequalities and cultural factors, such as pronatalism, geneticism, and sexism, that constrain reproductive choices.
While the negative rights approach to reproductive autonomy, which focuses on removing external limits on decision-making, is essential, it may not be sufficient. A richer understanding of reproductive autonomy includes positive rights, such as the right to financial assistance for assisted reproductive technologies. Additionally, reproductive autonomy must be considered within the context of historical reproductive oppression, particularly for marginalized communities, including Black, Native American, immigrant, and disabled women.
To fulfill the promise of the 14th Amendment and protect reproductive autonomy, courts must remain rights-protecting institutions that ensure equal justice for all. Governments must respect and protect reproductive autonomy rights, enabling individuals to make and act on decisions about reproduction, which is central to shaping their lives.
Latest Amendments: Constitution's Most Recent Changes
You may want to see also
Frequently asked questions
The 14th Amendment.
"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 requirement excludes its application to children born to diplomatic representatives of a foreign state, children born to alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws.
No. The 14th Amendment has always excluded from birthright citizenship persons who were born in the United States but not "subject to the jurisdiction thereof".
Yes. In 2025, President Trump issued an executive order that attempted to deny citizenship to some children born in the U.S. by limiting birthright citizenship to those with at least one parent who is a U.S. citizen or permanent resident.
