Eleanor Finch
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses citizenship. The Citizenship Clause, the first sentence 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. This clause overruled the Dred Scott v. Sandford decision, which stated that African Americans were not and could never become citizens of the United States. The Fourteenth Amendment grants Congress the power to enforce it, leading to landmark legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
| Characteristics | Values |
|---|---|
| Name of Amendment | Fourteenth Amendment |
| Date of Adoption | 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." |
| Exclusions | Children of diplomatic representatives of a foreign state, children born to alien enemies in hostile occupation, children of members of Indian tribes subject to tribal laws, and children born on vessels in US territorial waters or on the high seas |
| Overrules | Dred Scott v. Sandford decision, which declared that African Americans were not and could not become citizens of the United States |
| Affirmations | The right of racial equality of all citizens, the priority of national citizenship, the right of Americans to move to and reside in any state, and the entitlement of American citizens to basic civil rights |
| Powers Granted | Congress is given broad power to define and protect badges of citizenship against governments and powerful private actors |
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What You'll Learn
The Fourteenth Amendment establishes the priority of national citizenship
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, establishes the priority of national citizenship. The Citizenship Clause, the first sentence 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." This clause asserts that anyone born in America is an American citizen, regardless of their state of residence or parental citizenship status. It also guarantees equal rights and privileges to all citizens, including the right to reside in any state.
The Fourteenth Amendment's Citizenship Clause was a direct response to the infamous Dred Scott v. Sandford case of 1857, in which the Supreme Court ruled that African Americans were not and could not become citizens of the United States. The amendment overturned this decision, establishing that all persons, regardless of race, are entitled to citizenship and its accompanying rights. This amendment also served to repudiate the notion that citizenship was based on race, as implied by the three-fifths compromise in the original Constitution.
The Fourteenth Amendment has been interpreted to include those born in the United States to parents who are not citizens or are unlawfully present. However, it does not extend birthright citizenship to children of foreign diplomatic representatives or those with diplomatic immunity, children of alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws. Despite this, Native Americans were not legally declared U.S. citizens until the Indian Citizenship Act of 1924.
While the Fourteenth Amendment guarantees certain rights and protections, it has faced legal challenges and interpretations that undermined its effectiveness, particularly regarding the civil rights of African Americans. The 1873 Slaughterhouse Cases and the 1876 Cruikshank ruling allowed state legislatures to pass laws restricting citizenship rights, and enabled racial segregation and the relegation of Black people to second-class citizenship. Despite these challenges, the Fourteenth Amendment remains a pivotal component of the U.S. Constitution, establishing the priority of national citizenship and ensuring equal rights for all Americans.
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The Amendment repudiates the Dred Scott case
The Fourteenth Amendment to the US Constitution 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 provision explicitly repudiated the US Supreme Court's ruling in the Dred Scott case (Dred Scott v. Sandford, 1857), which denied US citizenship to people of African descent based solely on their race.
The Dred Scott case involved a slave, Dred Scott, who was born in Virginia and purchased by John Emerson in Missouri in 1820. Emerson travelled with Scott to Illinois and Wisconsin, both free states. When Emerson returned to Missouri, Scott sued for his freedom, arguing that he had resided in free states. The lower courts initially ruled in Scott's favour, but the case eventually reached the US Supreme Court.
In its infamous decision, the Supreme Court ruled that Scott lacked US citizenship and therefore could not sue in federal courts. Chief Justice Roger Taney declared that people of African descent, whether enslaved or free, could never become US citizens. This ruling directly contradicted the fact that people of colour were already considered citizens in some states when the Constitution was ratified.
The Fourteenth Amendment, ratified in 1868, explicitly overturned the Dred Scott decision by granting citizenship to all persons born in the United States, regardless of race. This amendment affirmed the priority of national citizenship, ensuring that anyone born in America is an American citizen, regardless of the state's stance. It also established the right of American citizens to move to and reside in any state, regardless of that state's preferences.
The Amendment's repudiation of the Dred Scott case was a significant step towards racial equality and a clear rejection of the Supreme Court's interpretation of the Constitution as permanently excluding African Americans from citizenship.
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It gives Congress broad powers to define and protect badges of citizenship
The Fourteenth Amendment to the US Constitution addresses citizenship. 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 clause overruled the Dred Scott case, which had misinterpreted the Constitution as permanently excluding people of African descent from eligibility for US citizenship based solely on their race. The Fourteenth Amendment established a simple national rule for citizenship: if you are born in America, you are a US citizen.
The Fourteenth Amendment's first sentence, in tandem with its last sentence, gives Congress broad powers to define and protect various badges of citizenship against both governments and powerful private actors. This power allows Congress to address private actions that undermine the Amendment's command of equal citizenship. Congress can protect the full and equal citizenship of African Americans by shielding them from racially motivated private violence and powerful private systems of pervasive racial exclusion, such as in hotels, theatres, trains, and steamships.
The Fourteenth Amendment also constitutionalizes Lincoln's reinterpretation of Jefferson, making clear that Americans are created equal. This birth equality idea condemns a racial caste system based on skin colour and other birth-based caste-like systems that exalt or degrade people.
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It affirms the right of racial equality of all citizens
The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, affirms the right of racial equality of all citizens. It was intended to achieve racial justice and extend liberties and rights granted by the Bill of Rights to formerly enslaved people, particularly Black Americans. The amendment's most commonly used phrase is "equal protection of the laws," which has been central to several landmark cases, including Brown v. Board of Education, which helped dismantle racial segregation.
The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing more restrictions on the states than before the Civil War. It guarantees that no state shall make or enforce any law that abridges the privileges or immunities of US citizens, nor shall any state deprive any person of life, liberty, or property without due process of law. This amendment was necessary to ensure that Black people, along with anyone born in the country or naturalized, were recognised as American citizens.
The Equal Protection Clause of the Fourteenth Amendment has been invoked in numerous Supreme Court cases to address discrimination and bigotry against various groups, including racial minorities and religious groups. It has been used to challenge racial segregation in public schools and public spaces, as well as affirmative action plans. The amendment's interpretation has evolved over time, with an initial focus on protecting the rights of freed Black people, and later being utilised by corporations to challenge laws regulating them.
Despite setbacks and challenges, the Fourteenth Amendment remains crucial in safeguarding equal protection and due process rights for all citizens, regardless of race. It serves as a path towards freedom and full equality, ensuring that the promises of the Declaration of Independence are fulfilled for all Americans.
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It does not extend citizenship to Native Americans
The Fourteenth Amendment, which was debated in 1866 and ratified in 1868, 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 directed at repudiating the Supreme Court's decision in Dred Scott v. Sandford, which excluded people of African descent from US citizenship based on their race. While the Fourteenth Amendment guarantees birthright citizenship to "all persons," it has never been interpreted to extend citizenship to everyone born in the United States universally.
The Citizenship Clause of the Fourteenth Amendment has always excluded certain individuals from birthright citizenship, including those who are not "subject to the jurisdiction" of the United States. This includes children of foreign diplomats, children of alien enemies in hostile occupation, and children born into Indian tribes subject to tribal laws. The original intent of this exception reflects the distinct sovereign status of tribal nations within the United States. In the 1884 Elk v. Wilkins case, the Supreme Court held that a Native American born to tribal member parents did not qualify for birthright citizenship under the Fourteenth Amendment. This decision was reaffirmed in the 1898 Wong Kim Ark case, which held that US-born children of Chinese immigrants were birthright citizens.
While the Fourteenth Amendment did not initially extend citizenship to Native Americans born into tribes, it is important to note that this has since changed. Since 1924, federal law and Congress have guaranteed birthright citizenship to all Native Americans born in the United States. This means that Native Americans born in the US are citizens, and agencies like ICE cannot detain or deport them for immigration violations. While there have been recent debates about the Fourteenth Amendment and references to past denials of Native rights, no one is currently trying to strip the citizenship of Native Americans.
The fight for the rights of marginalized communities, including Native Americans, has always been connected. The interpretation of the Citizenship Clause has been a joint struggle for minority and immigrant communities, leading to our established understanding of the Fourteenth Amendment. While the Fourteenth Amendment's text is capacious, speaking of "all persons," it is important to acknowledge the historical context and the original intent of the exception regarding Native Americans.
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Frequently asked questions
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868. 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."
The Fourteenth Amendment established a simple national rule for citizenship, stating that anyone born in America is a US citizen. This marked an important shift in American identity, as it overruled the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. The Fourteenth Amendment also granted Congress the power to enforce this amendment, leading to the passage of other landmark legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
The Fourteenth Amendment has been interpreted to exclude some individuals from birthright citizenship. This includes children of 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 parents with illegal or temporary immigration status may not be granted birthright citizenship.
