Isabella Carter
The Citizenship Clause, the first sentence of the Fourteenth Amendment to the United States Constitution, 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 adopted on July 9, 1868, and it reversed the Dred Scott v. Sandford decision, which declared that African Americans were not and could not become US citizens. The Fourteenth Amendment repudiated this decision and restored the traditional precepts of citizenship by birth, stating that citizenship was not limited by race or previous conditions of slavery. However, it is important to note that the amendment has not been interpreted to extend citizenship to everyone born in the United States, and there are specific exclusions, such as children of foreign ministers and invading armies.
| Characteristics | Values |
|---|---|
| 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 |
| Who is not subject to the jurisdiction of the US? | Children of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, children of members of Indian tribes subject to tribal laws, and children born to parents on student, work, or tourist visas |
| Who was excluded from citizenship before the Fourteenth Amendment? | African Americans, including freed slaves |
| Who was included in the two classes of citizens before the Fourteenth Amendment? | White persons born in the United States as descendants of citizens, and those who migrated from outside the US and were naturalized |
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What You'll Learn
Citizenship by birth
The Citizenship Clause, or the first sentence of the Fourteenth Amendment to the United States Constitution, 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."
This clause was a response to the Dred Scott v. Sandford decision, which declared that African Americans were not and could not become citizens of the United States and had no claim to any privileges and immunities of citizenship. The Fourteenth Amendment repudiated this decision, restoring the traditional precepts of citizenship by birth.
The Citizenship Clause entrenched the principle of birthright citizenship in the Constitution, ensuring that it could not be struck down by the Supreme Court or repealed by Congress. The framers of the Fourteenth Amendment sought to protect the rights of those born in the United States, regardless of race or colour, and to prevent any future denial of citizenship based on racial grounds.
However, it is important to note that the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. There are exceptions to birthright citizenship, including children born to parents with diplomatic immunity, children born to alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, the privilege of United States citizenship does not automatically extend to persons born in the United States when their mother was unlawfully present or temporarily present in the country, and their father was not a US citizen or lawful permanent resident.
In conclusion, the Citizenship Clause of the Fourteenth Amendment affirms the right of citizenship for those born or naturalized in the United States and subject to its jurisdiction. It was a significant step towards racial equality and a repudiation of the racist Dred Scott decision. However, it is important to recognize that there are still exclusions and complexities to birthright citizenship in the United States.
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The Fourteenth Amendment
This clause built upon the Civil Rights Act of 1866, which declared that "all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States." The Fourteenth Amendment's framers aimed to solidify this principle in the Constitution, safeguarding it from potential Supreme Court challenges or future congressional repeal.
The Citizenship Clause overturned the infamous Dred Scott v. Sandford decision, which infamously ruled that people of African descent were permanently excluded from United States citizenship based solely on their race. The Fourteenth Amendment repudiated this interpretation, ensuring that race was no longer a barrier to citizenship.
However, it is important to note that the Fourteenth Amendment has not been interpreted as granting universal citizenship to everyone born in the United States. There are specific exclusions, such as individuals born to mothers who were unlawfully present in the country or those whose mothers' presence was lawful but temporary, as long as the father was not a US citizen or lawful permanent resident.
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The Dred Scott case
The case worked its way through the Missouri state courts and eventually reached the Supreme Court. By the time the case reached the high court, slavery had become the single most explosive issue in American politics, and the case had grown in scope and significance. On March 6, 1857, Chief Justice Roger B. Taney read the majority opinion of the Court, which stated that enslaved people were not citizens of the United States and therefore could not expect any protection from the federal government or the courts. The Court also ruled that Scott was not an American citizen, which meant he could not establish the "diversity of citizenship" required for a U.S. federal court to exercise jurisdiction over the case.
The Dred Scott decision is widely considered the worst in the Supreme Court's history and has been denounced for its overt racism, judicial activism, and poor legal reasoning. It de jure nationalized slavery and played a crucial role in the events leading up to the American Civil War four years later. The decision was also significant because it struck down the Missouri Compromise, a piece of legislation passed by Congress in 1820 that admitted Maine as a free state and Missouri as a slave state. The Compromise also prohibited slavery in the area north of the 36°30′ parallel. The Dred Scott decision inflamed the national debate over slavery and deepened the divide between states, ultimately contributing to the Civil War.
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The role of state governments
The Fourteenth Amendment, ratified in 1868, 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 amendment overruled discriminatory state laws and affirmed birthright citizenship, ensuring that anyone born in America under its flag is a U.S. citizen. It also granted fundamental privileges and immunities to citizens, protecting their rights against abuses by state governments.
However, the Fourteenth Amendment has its limitations. It does not extend citizenship to everyone born in the U.S., excluding those not "subject to the jurisdiction" of the country. For example, children born to foreign diplomatic representatives or those with temporary visas are not automatically granted citizenship. Additionally, the amendment's protections were initially interpreted to apply only to state governments, not private actors, limiting its effectiveness in addressing private discrimination and violence during Reconstruction.
State governments continue to play a role in citizenship determination, especially regarding birthright citizenship. The citizenship of children born on U.S. territorial waters or on the high seas is generally determined by the citizenship of their parents. Additionally, states ensure the enforcement of citizenship rights, with departments and agencies working to protect the privileges and immunities of citizens within their jurisdiction.
In summary, the role of state governments in providing citizenship has shifted from setting their own rules to adhering to a national standard established by the Fourteenth Amendment. States now work to uphold the rights of citizens and ensure the proper enforcement of citizenship laws and protections.
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Corporations and citizenship
The concept of citizenship in the US Constitution has evolved over time, with the Citizenship Clause playing a pivotal role in defining who could be citizens. This clause, found in the Fourteenth Amendment, states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens." This marked a shift from the pre-Civil War era, when only some individuals fell under this category, as determined by state and federal laws.
While the Citizenship Clause guarantees citizenship rights to individuals, the question of whether corporations can be considered citizens has been a subject of legal debate. In the US legal context, "corporate personhood" refers to the ongoing discussion about the extent to which rights traditionally associated with natural persons should also be afforded to juridical persons, including corporations.
Historically, the Supreme Court has recognized that corporations possess certain constitutional protections. In the 1819 case of Trustees of Dartmouth College v. Woodward, the Court affirmed that corporations have the same rights as individuals to contract and enforce contracts. This decision set a precedent, and in subsequent cases, the Court extended similar protections to corporations, such as the right to religious freedom in Burwell v. Hobby Lobby Stores, Inc. (2014).
However, when it comes to citizenship, the Supreme Court has drawn a line. In cases like Orient Ins. Co. v. Daggs (1869) and Paul v. Virginia (1869), the Court explicitly stated that corporations are not citizens and cannot claim the privileges and immunities afforded to individual citizens under the Fourteenth Amendment. This distinction is further emphasized by Section 1332(c) of Title 28 of the United States Code, which defines a corporation's citizenship based on its incorporation and principal place of business, separate from the citizenship of its individual members.
In summary, while corporations enjoy certain constitutional protections, they are not considered citizens in the traditional sense outlined in the US Constitution. The legal system differentiates between the rights and privileges afforded to natural persons and those granted to juridical persons, including corporations, in the context of citizenship.
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Frequently asked questions
Before the Fourteenth Amendment, only white persons born in the US as descendants of citizens were considered citizens.
The Citizenship Clause, adopted on July 9, 1868, is the first sentence of the Fourteenth Amendment, 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."
The Dred Scott v. Sandford decision in 1857 held that free African Americans, despite being born in the US, could not be citizens. This decision was reversed by the Citizenship Clause.
Yes, birthright citizenship does not apply to children born to parents with diplomatic immunity or alien enemies in hostile occupation. Additionally, children born to parents who are not US citizens or lawful permanent residents may not be considered citizens.
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