Jonah Patel
The Constitution of the United States, as originally adopted, assumes the existence of citizenship but does not explicitly define it. The Fourteenth Amendment, ratified in 1868, establishes that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the country and of the state in which they reside. This amendment was passed in response to the infamous Dred Scott v. Sandford case of 1857, in which the Supreme Court ruled that free African Americans, despite being born in the United States, could not be citizens. The Citizenship Clause of the Fourteenth Amendment repudiated this decision and affirmed birthright citizenship, with the exception of those not subject to the jurisdiction of the United States, such as children of diplomatic representatives or alien enemies.
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What You'll Learn
The original Constitution does not define citizenship
The original Constitution of the United States does not define citizenship. While it assumes the existence of citizenship at both the state and national levels, it does not lay down a clear and comprehensive rule for determining who is a citizen. This lack of clarity led to controversies over citizenship before the Civil War, particularly regarding the citizenship status of free Black individuals and Native Americans.
The Constitution's failure to explicitly define citizenship resulted in differing interpretations and legal disputes. The Supreme Court's infamous decision in Dred Scott v. Sandford in 1857 highlighted this issue. Chief Justice Roger Brooke Taney's assertion that a Black man generally couldn't be a citizen of the United States was based on a racialist interpretation of American identity. This decision was later repudiated by the Fourteenth Amendment, which clarified that birthright citizenship applied regardless of race.
The Fourteenth Amendment, adopted in 1868, provided a basic rule for acquiring citizenship of the United States and conferred state citizenship on national citizens residing in a state. It established 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 addressed the pre-Civil War controversies by explicitly recognizing birthright citizenship and rejecting racial restrictions on citizenship.
However, it's important to note that the Fourteenth Amendment did not extend citizenship universally to everyone born in the United States. There were specific exclusions, such as children of diplomatic representatives or alien enemies, and it did not address the rights and benefits associated with citizenship. Additionally, the amendment had no effect on the status of Native American tribes, and Native Americans were generally not considered citizens until the Indian Citizenship Act of 1924.
The interpretation of citizenship has evolved over time, and the fundamental legal principle governing citizenship has been that birth within the United States grants citizenship. This principle, known as jus soli or birthright citizenship, is in contrast to citizenship acquired through naturalization or other means. However, it is important to note that there have been exceptions, such as the exclusion of enslaved persons and children of enslaved mothers.
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The Fourteenth Amendment establishes national citizenship
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, establishes national citizenship and addresses citizenship rights and equal protection under the law at all levels of government. The Citizenship Clause, found in Section 1 of the amendment, formally defines United States citizenship and guarantees that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. This clause overruled the Supreme Court's Dred Scott decision, which ruled that African Americans could not become citizens.
The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War. It was one of the Reconstruction Amendments, and its enactment was bitterly contested. The states of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment's Citizenship Clause was primarily written by Representative John Bingham and is considered one of the most consequential parts of the Constitution, forming the basis for landmark Supreme Court decisions.
The Citizenship Clause establishes the priority of national citizenship, asserting that anyone born in America is an American citizen, regardless of state laws or policies. It also requires states to treat any American citizen residing within their jurisdiction as a full and equal state citizen. This clause has been interpreted to grant birthright citizenship to all born within the jurisdiction of the United States, including children of non-citizen immigrants, with some exceptions, such as children of diplomatic representatives of foreign states.
The Fourteenth Amendment's equal protection clause prohibits states from enacting or enforcing any law that abridges the privileges or immunities of US citizens. It also guarantees due process rights, ensuring that states cannot deprive any person of life, liberty, or property without due process of law. These protections have been used to challenge discriminatory laws and policies, such as racial segregation in public schools and interracial marriage bans, and have been extended to other areas such as voting rights and reproductive rights.
The Fourteenth Amendment's establishment of national citizenship and equal protection under the law has had a significant impact on the interpretation of citizenship and civil rights in the United States. It has been invoked in numerous Supreme Court cases to protect the rights of individuals and ensure that all citizens are treated equally under the law, regardless of race, colour, or previous condition of slavery.
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The Citizenship Clause overrules the Dred Scott case
The original US Constitution, as adopted, assumes the existence of citizenship of the United States and of the individual states. However, it does not explicitly define citizenship or outline a comprehensive rule for determining who is a citizen. Article III, which deals with the judiciary, gives federal courts jurisdiction over controversies between citizens of different states, and Article II states that only a natural-born citizen of the United States, or a citizen at the time of the Constitution's adoption, is eligible to be President.
In 1857, the infamous Dred Scott v. Sandford case saw the US Supreme Court rule that Dred Scott, an enslaved man who had resided in a free state and territory, was not entitled to his freedom. The decision also asserted that African Americans were not and could never be citizens of the United States and that the Missouri Compromise of 1820, which had declared free all territories west of Missouri and north of latitude 36°30', was unconstitutional. Chief Justice Roger Brooke Taney declared that a black man generally couldn't be a US citizen, stating that he had "no rights which the white man was bound to respect". This decision was based on the argument that as someone's property, Scott was not a citizen and therefore could not sue in federal court.
The Citizenship Clause, part of the Fourteenth Amendment, was enacted to repudiate the Dred Scott decision and establish a clear rule for citizenship. It 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 overrules the Dred Scott case by asserting that anyone born in America under the American flag is a citizen, regardless of their parents' citizenship status or whether they entered the country legally. It also establishes the priority of national citizenship, superseding any state-level definitions of citizenship.
The Citizenship Clause serves as a reminder that the Supreme Court is not infallible and that the ultimate authority in the US system lies with the people, who have the right to correct past injustices. It also addresses the "state action doctrine" by ensuring that the Fourteenth Amendment's protections, such as equal protection of the laws and due process, apply not only to state governments but also to private actors.
In summary, the Citizenship Clause of the Fourteenth Amendment explicitly overrules the Dred Scott case by establishing birthright citizenship and prioritizing national citizenship over state-level definitions. It reinforces the principle that all persons, regardless of race or colour, are entitled to equal rights and protections under the law.
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Native Americans were not automatically citizens
The original US Constitution, in Article I, deemed that "Indians not taxed" could not be considered part of the voting population of states. Native Americans were classified as "foreigners" living in the United States and were governed by distinct tribes, which functioned in a political capacity. Native Americans were not considered eligible for US citizenship, and those who were members of a tribe were specifically excluded from representation and taxation.
The Fourteenth Amendment, ratified in 1868, declared that all persons "born or naturalized in the United States, and subject to the jurisdiction thereof" were citizens. However, the "jurisdiction" requirement was interpreted to exclude most Native Americans. The Senate Judiciary Committee clarified in 1870 that the 14th amendment did not apply to Native Americans. The exclusion of Native Americans from US citizenship was further established by Elk v. Wilkins (1884), when the Supreme Court held that a Native American born a citizen of a recognized tribal nation was not born an American citizen.
The Indian Citizenship Act of 1924 marked the end of a long debate over full birthright citizenship for Native Americans. This Act granted citizenship to Native Americans, but it is important to note that even before this Act, some Native Americans had become citizens through various means, such as by serving in the military, giving up tribal affiliations, or assimilating into mainstream American life. However, even after the Act, some states still refused to grant Native Americans voting rights, and discrimination and prejudice against them continued.
In conclusion, Native Americans were not automatically considered citizens at the time of the Constitution due to their classification as "Indians not taxed" and their governance by distinct tribes. It was not until the Indian Citizenship Act of 1924 that Native Americans were granted citizenship rights, but even then, there were still challenges and discrepancies in the enforcement of these rights.
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Birthright citizenship is not universal
Birthright citizenship, or citizenship granted based on the principle of jus soli, is a contentious issue in the United States. While the Fourteenth Amendment is interpreted by most legal observers to endorse birthright citizenship, there is a dissenting view that the amendment does not apply to the children of unauthorized immigrants born on US soil. This issue has been further complicated by the election of Donald Trump as President, who explicitly opposes birthright citizenship for the children of undocumented immigrants.
Historically, the United States has granted citizenship based on birth within the country's territory, with some notable exceptions. The 1844 New York court case of Lynch v. Clarke was one of the first cases to address the concept of jus soli citizenship, ruling that a child born in the US to foreign parents was still a US citizen, even after residing in another country for an extended period. However, the infamous Dred Scott v. Sandford (1857) decision asserted that Black individuals could not be US citizens, a ruling that was later overturned by the Fourteenth Amendment.
The Citizenship Clause of the Fourteenth Amendment establishes the priority of national citizenship and states that all persons born or naturalized in the US and subject to its jurisdiction are citizens. However, it is important to note that this does not include children of diplomatic representatives of foreign states, children born to alien enemies in hostile occupation, or children of members of Indian tribes subject to tribal laws.
Despite the Fourteenth Amendment, political opposition to birthright citizenship has persisted, and the Trump administration issued an executive order in 2025 asserting that the federal government would not recognize birthright citizenship for the children of non-citizens. This order specifically targeted the children of undocumented immigrants and those with lawful but temporary status in the US. The executive order is currently being challenged in court, with lower courts granting relief to plaintiffs with standing to sue but unable to universally block its implementation.
Furthermore, a recent 2021 decision, Fitisemanu v. United States, ruled that those born in the unincorporated territories of American Samoa are not entitled to birthright citizenship without an act of Congress. This decision highlights that even within the United States, birthright citizenship is not universally granted or recognized.
In conclusion, while birthright citizenship is a longstanding principle in the United States, it is not without its exceptions and opposition. The ongoing legal challenges and policy debates underscore that birthright citizenship is not universal, even within the context of the US Constitution and its amendments.
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Frequently asked questions
The original Constitution does not lay down a clear rule about citizenship. However, it assumes that there is citizenship of the United States and of the individual States.
The original Constitution gave Congress the power to naturalize citizens.
Yes, the Fourteenth Amendment to the Constitution, passed after the Civil War, clarified 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."
No, the Fourteenth Amendment did not extend citizenship to everyone in the US. For example, it excluded children born to a parent or parents with diplomatic immunity.
No, in 1857, the Supreme Court declared in the Dred Scott v. Sandford case that free Black Americans, though born in the United States, could not be citizens. The Fourteenth Amendment, passed after the Civil War, repudiated this decision.
