Jonah Patel
The Citizenship Clause of the Fourteenth Amendment to the US Constitution defines citizenship. The Fourteenth Amendment was added in response to the Supreme Court's 1857 decision in Dred Scott v. Sandford, which concluded that the Constitution implicitly limited both state and national citizenship on racial grounds, excluding individuals of African descent. The Citizenship Clause repudiated this decision and established a simple national rule for citizenship: if you are born in America, you are a US citizen.
| Characteristics | Values |
|---|---|
| Section of the Constitution that defines citizenship | Fourteenth Amendment, Section 1, Clause 1 |
| 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 US, except children of foreign diplomatic representatives, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. |
| Who it doesn't apply to | Corporations, children of non-citizen parents who are unlawfully present or temporarily in the US |
| Previous controversy | The Supreme Court's decision in 1857 in Dred Scott v. Sandford, which concluded that Scott, a former slave, was not a citizen of any state due to his race. |
| What it changed | Prior to the Fourteenth Amendment, there was no set definition of citizenship, allowing states to set their own rules, often based on race. |
Explore related products
$9.99 $9.99
$18.59 $19.99
What You'll Learn
The Fourteenth Amendment
Prior to the Fourteenth Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, often based on race. The amendment aimed to address this issue by making Americans citizens of the nation first and foremost, rather than deferring to the racist citizenship determinations of individual states. It also extended liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
The Citizenship Clause of the Fourteenth Amendment has been interpreted to mean that a person born in the United States to parents who are not citizens themselves is still a citizen of the United States, entitled to all the rights and privileges of citizenship. This has been a topic of debate and litigation, with some arguing that it should not apply to children of certain immigrant groups or those born on U.S. territorial waters. The amendment also addresses the rights of citizens, stating that no state shall make or enforce any law that abridges the privileges or immunities of U.S. citizens, and that no state shall deprive any person of life, liberty, or property without due process of law.
The phrase "equal protection of the laws" from the Fourteenth Amendment has been central to several landmark cases, including Brown v. Board of Education, Roe v. Wade, and Bush v. Gore, among others. It has been interpreted to mean that Americans are created equal, condemning racial and other birth-based caste systems. The amendment also addresses representation in Congress, stating that representatives shall be apportioned among the states according to their respective numbers, excluding untaxed indigenous people from the count.
The Preamble: A Clause or Not?
You may want to see also
Birthright citizenship
Citizenship in the United States was not explicitly defined in the original Constitution. Article III, which deals with the judiciary, gives federal courts jurisdiction over controversies between citizens of different states, assuming that some people have state citizenship. Article II provides that only a natural-born citizen of the United States, or a citizen at the time of the Constitution's adoption, may be President, assuming that some people have national citizenship.
The Fourteenth Amendment, ratified after the Civil War, established a national rule for citizenship, stating 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 marked an important shift in American identity by making Americans citizens of the nation first and foremost, rather than deferring to individual states' racist citizenship determinations. The Fourteenth Amendment also provided a set of fundamental "privileges or immunities" for American citizens, protecting their rights against abuses.
The Citizenship Clause includes two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. Birthplace-based citizenship, also known as jus soli, grants citizenship based on place of birth. The Fourteenth Amendment guarantees birthright citizenship by stating that individuals 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. However, there are exceptions to birthright citizenship, such as children born to diplomatic representatives of a foreign state or children of members of Indian tribes subject to tribal laws.
The interpretation and application of birthright citizenship have been a subject of debate and legal battles, with President Donald Trump issuing an executive order in 2025 aimed at ending birthright citizenship for babies of undocumented immigrants and individuals with temporary status in the U.S. The Supreme Court's ruling in Trump v. CASA in 2024-25 allowed the birthright citizenship order to go into effect in states without challenges, but the legal battle is ongoing, with lower courts updating their injunctions and the Supreme Court expected to assess whether the order violates the Fourteenth Amendment.
Understanding the Limits of Constitutional Principles
You may want to see also
Natural-born citizen
The U.S. Constitution does not define the phrase "natural-born citizen". However, the term is used in Article II, Section 1, Clause 5, which sets out the eligibility requirements for the office of President and Vice President. The clause states that "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."
The Fourteenth Amendment's citizenship clause, which was added to the Constitution in 1868, provides 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 established a simple national rule for citizenship, stating that anyone born in the United States is a U.S. citizen.
The exact meaning of the phrase "natural-born citizen" has been the subject of debate and various interpretations over time. Some scholars and legal experts argue that natural-born citizens include those born in the United States, while others suggest that it also includes those who meet the legal requirements for birthright citizenship, even if they are born outside the country. The Supreme Court has never ruled precisely on the meaning of the phrase, and there has been no judicial decision on the question of whether a person born within the United States to alien parents is a natural-born citizen.
The Naturalization Act of 1790 provided that "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural-born citizens..." This Act was the only legislation to use the term, and it was omitted from the replacement Naturalization Act of 1795, which simply declared that such children "shall be considered as citizens of the United States". The consensus of early 21st-century constitutional and legal scholars is that natural-born citizens include, subject to exceptions, those born in the United States.
Literal Constitution Interpretation: What It Really Means
You may want to see also
Explore related products
Corporations and citizenship
Citizenship in the United States is defined by 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." This amendment was added after the Civil War to address the issue of citizenship for African Americans, which had been a source of controversy.
While the concept of corporate citizenship is not explicitly mentioned in the Constitution, it has been explored in various contexts, including legal cases and academic literature. Corporate citizenship refers to a company's commitment to social responsibility and its efforts to meet legal, ethical, and economic obligations for the benefit of society, while still maintaining profitability. It involves a balance between the needs of shareholders and the community and environment in which the company operates.
The idea of corporate citizenship has evolved over time, and it is now widely accepted that corporations have economic, legal, and even social roles. However, the political role of corporations is still not fully understood. Authors like Crane, Matten, and Moon have contributed significantly to the discourse on corporate citizenship, exploring its political dimensions and how it relates to power and responsibility in a polity. They propose three relations of citizenship: corporations as citizens, corporations as governors of citizenship, and corporations as arenas of citizenship for stakeholders.
In legal cases, the distinction between artificial and natural persons has been important. In the context of citizenship, artificial persons, such as corporations, have been declared non-citizens and therefore unable to claim the protections of the Fourteenth Amendment. This distinction has been upheld in various court cases, including Insurance Co. v. New Orleans and Orient Ins. Co. v. Daggs.
In conclusion, while corporate citizenship is not directly addressed in the Constitution, it has become an important concept in understanding the role of corporations in society, their responsibilities, and their relationship with various stakeholders, including shareholders, employees, consumers, and the communities they operate in.
Pollinator-Friendly Flowers: Nature's Intricate Design
You may want to see also
Citizenship and race
The relationship between citizenship and race is a complex one, with the two concepts often at odds with each other. Citizenship is based on the idea of individual equality, while race is fundamentally about collective inequality. Despite this contradiction, the concepts of race and citizenship have been closely linked since their inception and have continued to influence each other throughout history.
In the United States, the Constitution originally assumed the existence of citizenship but did not provide a clear rule for determining who was a citizen. This ambiguity allowed states to set their own criteria for citizenship, with many restricting citizenship to whites and excluding African Americans, even those born in the state. The Fourteenth Amendment, ratified in 1868, changed this by establishing a national rule for citizenship: anyone born or naturalized in the United States is a citizen. This amendment also extended equal protection of the laws to all citizens, regardless of citizenship status.
However, despite the Fourteenth Amendment, African Americans continued to face discrimination and were often relegated to second-class citizenship. The Civil Rights Act of 1875 was passed to address racial inequality, but it was soon undermined by legal challenges that prioritised states' rights and allowed racial segregation. It wasn't until the 1960s that further progress was made, with the Fair Housing Act of 1968 prohibiting discrimination based on race, religion, national origin, or sex in housing-related matters.
The concept of citizenship has also been influenced by the history of settler colonies, such as the United States, Australia, and Brazil. In these countries, colonial settlers sought to replace indigenous institutions with their own, creating new forms of citizenship that distinguished between Europeans and natives. This led to a system where different rules applied to different racial groups.
The interchange between race and citizenship has been a constant source of controversy and has been shaped by historical events such as the Revolutionary War and the Civil War in the United States. While citizenship is meant to signify equality, race has often been used to justify inequality and discrimination, highlighting the complex and evolving relationship between these two concepts.
The Constitution Signers: An Age Analysis
You may want to see also
Frequently asked questions
The Fourteenth Amendment, specifically Section 1, Clause 1.
The Citizenship Clause 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 Citizenship Clause was added to the Constitution to provide a clear and uniform rule for citizenship across the nation. Prior to the Fourteenth Amendment, states had the power to determine citizenship, often on racist grounds, with many reserving citizenship for whites only.
This phrase refers to individuals who are not subject to any foreign power or jurisdiction. It excludes children born to diplomatic representatives or alien enemies, as well as those born on vessels in US territorial waters or on the high seas, where citizenship is determined by the parents' citizenship.
While the Fourteenth Amendment established birthright citizenship, it is not universal. There are exceptions, such as for children born to parents who are not US citizens or permanent residents, or whose parents are temporarily in the US on certain visas.
