Simone Lawson
The writers of the US Constitution did not explicitly define American citizenship because the concept of citizenship was already mentioned in the original US Constitution, which was adopted in 1789. However, the details of citizenship were unclear, and the interpretation of citizenship evolved over time, particularly with the addition of the Fourteenth Amendment. This amendment, adopted 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 a response to the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens, and it affirmed the principle of birthright citizenship. Despite this, there have been ongoing debates and legal challenges regarding the specific groups who are eligible for citizenship, including Native Americans, the children of illegal immigrants, and corporations.
| 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 |
| Dred Scott v. Sandford | Interpreted the Constitution as excluding people of African descent from eligibility for United States citizenship based on their race |
| Fourteenth Amendment | Overturned Dred Scott v. Sandford and extended citizenship to all persons born or naturalized in the United States, regardless of race |
| Birthright Citizenship | The principle that anyone born on American soil is an American citizen, regardless of their parents' status |
| Native Americans | Recognized as citizens if they were "taxed", served in the military, married whites, or accepted land allotments |
| Slaves | Excluded from citizenship, even if they were freed or descended from freed slaves |
| Children of Diplomats and Enemy Soldiers | Excluded from birthright citizenship |
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What You'll Learn
The Fourteenth Amendment
However, it is important to note that the Fourteenth Amendment did not extend citizenship universally to everyone born in the United States. There were certain exceptions, such as the children of ambassadors, occupying enemy soldiers, slaves, and Native Americans living in tribes. Additionally, the amendment failed to protect the rights of Black citizens, and it took determined struggles by citizens and legislative actions in the 20th century to make the promises of the amendment a reality.
In conclusion, the Fourteenth Amendment played a pivotal role in defining American citizenship by granting citizenship to those born or naturalized in the United States and extending to them the rights and protections of citizenship. While it faced challenges and limitations, it laid the foundation for a more inclusive and just society, and its legacy continues to be felt in modern times through subsequent civil rights legislation.
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Dred Scott v. Sandford
The case began in 1846 when Dred Scott, an enslaved black man, and his wife, Harriet, sued for their freedom in the Circuit Court of St. Louis County. They argued that they were free due to their residence in a free territory where slavery was prohibited. However, the court held that Scott remained a slave, and the case eventually made its way to the U.S. Supreme Court.
On March 6, 1857, Chief Justice Roger B. Taney read the majority opinion of the Court, which stated that enslaved people were not citizens and had no rights or privileges under the Constitution. The decision was widely denounced for its overt racism and poor legal reasoning. It also played a crucial role in the events leading up to the American Civil War four years later.
The decision of Scott v. Sandford was eventually overturned by the 13th and 14th Amendments to the Constitution, which abolished slavery and declared that all persons born or naturalized in the United States are citizens. The Citizenship Clause of the 14th Amendment explicitly 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 directly contradicted the ruling in Dred Scott v. Sandford and ensured that African Americans were legally recognized as citizens with all the rights and privileges that citizenship confers.
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Citizenship by birth
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 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 clause, known as the Citizenship Clause, was added to address the issues of citizenship by birth that had been a source of controversy and legal disputes prior to the Civil War.
The Citizenship Clause reversed the infamous Dred Scott v. Sandford decision of 1857, which ruled that African Americans, regardless of their birth in the United States, could not be citizens. This decision was based on a racist ideology and was a source of political and constitutional controversy. The Fourteenth Amendment repudiated this decision and restored the traditional precepts of citizenship by birth, ensuring that all persons born in the United States were considered citizens, regardless of race or previous conditions of slavery.
However, it is important to note that the Citizenship Clause did not extend citizenship to everyone born in the United States universally. There are certain exceptions to birthright citizenship, including diplomatic children, tribal Indians, and invading armies. Additionally, the children of mothers who were unlawfully present in the United States or had a temporary lawful presence, such as on a visa, may not automatically be granted citizenship if the father is not a US citizen or lawful permanent resident.
The concept of citizenship by birth in the United States has evolved over time, with the Fourteenth Amendment playing a pivotal role in establishing the rights of citizens born on American soil. The Amendment's Citizenship Clause was a significant step towards racial equality and the protection of citizenship rights for all persons born or naturalized in the country.
In conclusion, while the writers of the original Constitution mentioned the concepts of state and national citizenship, the details were unclear and left room for interpretation. The Fourteenth Amendment addressed this by providing a clearer definition of citizenship by birth, ensuring that all persons born or naturalized in the United States were entitled to the rights and privileges of citizenship.
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African-American citizenship
The writers of the US Constitution did not define American citizenship because the concept of citizenship was already mentioned in the original document, which was adopted in 1789. However, the details were unclear, and this lack of clarity had significant implications for African-American citizenship.
Prior to the Civil War, the legal status of African Americans was ambiguous. While the 13th Amendment, ratified in 1865, abolished slavery in the US, it did not address the rights and legal status of the country's black population. The Dred Scott v. Sandford case in 1857 highlighted this ambiguity, with the Supreme Court ruling that free African Americans, despite being born in the US, could not be citizens. This decision was based on the racist belief that people of African descent were permanently excluded from citizenship due to their race.
The Reconstruction era following the Civil War saw significant progress with the introduction of the 14th and 15th Amendments. The 14th Amendment, adopted in 1868, established birthright citizenship, stating that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens." This amendment overturned the Dred Scott decision and affirmed the citizenship of African Americans. The 15th Amendment guaranteed the right to vote regardless of race or previous enslavement.
However, despite these legal advancements, African Americans continued to face marginalisation and discrimination. The collapse of Reconstruction and the rise of Jim Crow laws in the post-Civil War era led to the erosion of these gains. African Americans were once again denied their civil, human, and political rights, and their citizenship was questioned. It wasn't until the civil rights movement of the 1950s and 1960s that further progress was made, building on the reforms promised during Reconstruction.
Today, African Americans continue to struggle for equal rights and against systemic racism and police brutality. The COVID-19 pandemic has also disproportionately affected the African-American community, exacerbating existing inequalities. Additionally, some African Americans have explored dual citizenship with African countries, such as Ghana, South Africa, and Zimbabwe, which have offered ancestry-based citizenship to strengthen ties with the diaspora.
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Native American citizenship
The writers of the US Constitution did not define American citizenship because the concept of citizenship was already mentioned in the original document, which was adopted in 1789. However, the details were unclear, and the interpretation of citizenship was left to various state and federal laws and court decisions.
Native Americans, or "Indians not taxed", were not considered eligible for US citizenship when the US Constitution was adopted. This was because they were governed by distinct tribes, which functioned in a political capacity. Native persons who were members of tribes were specifically excluded from representation and taxation. The case of Cherokee Nation v. Georgia (1831) established that tribal members "who maintained their tribal ties and resided on tribal land would technically be considered foreigners" living in the US as wards of the federal government.
The earliest recorded date of Native Americans becoming US citizens was in 1831, when the Mississippi Choctaw became citizens after the Treaty of Dancing Rabbit Creek. However, the majority of Native Americans were excluded from citizenship under the Fourteenth Amendment, which was adopted in 1868. The "jurisdiction" requirement was interpreted to exclude most Native Americans, as they were considered to be under the dominion of their tribes and not within the purview of US law. The Senate Judiciary Committee clarified in 1870 that the Fourteenth Amendment did not affect the status of Indian tribes within the US.
Native Americans could obtain citizenship by serving in the military, marrying whites, or accepting land allotments, such as those granted under the Dawes Act. In 1884, the Supreme Court held that a Native person born a citizen of a recognised tribal nation was not born an American citizen and did not become one simply by leaving their tribe. In 1886, Congress passed a law that made Native American women US citizens if they married a white man. A federal act of March 3, 1901, granted US citizenship to all Native people residing in Indian Territory.
On June 2, 1924, President Calvin Coolidge signed into law the Indian Citizenship Act, which granted US citizenship to all non-citizen Indians born within US territorial limits. However, even after the Act, Native Americans in some states did not have full citizenship and suffrage rights until the passage of the Civil Rights Act of 1965.
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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 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 case (1857) was one of the most politically divisive cases of the 19th century, in which the Supreme Court ruled that free African Americans, though born in the United States, could not be citizens. The Citizenship Clause was designed to repudiate this decision and restore the traditional precepts of citizenship by birth.
The Citizenship Clause excluded children of ambassadors, children of occupying enemy soldiers, children of slaves, and children of Native Americans living in tribes. The Supreme Court has also interpreted the Citizenship Clause as not granting citizenship to children of "illegal aliens."
