Omar Bennett
The Constitution's Fourteenth Amendment, also known as the Citizenship Clause, defines citizenship and guarantees equal protection under the law. The Citizenship Clause was added to the Constitution to address the question of citizenship acquisition, which was a highly contested issue before the Civil War. The Clause establishes that individuals born or naturalized in the United States are citizens with fundamental privileges and immunities, repudiating the Dred Scott v. Sandford decision, which excluded people of African descent from citizenship based on their race. The Fourteenth Amendment also marked a shift in American identity by prioritizing national citizenship over state citizenship, challenging the previous state-by-state determinations that often discriminated against African Americans. The Amendment's broad interpretation of citizenship has been reaffirmed by Supreme Court cases such as United States v. Wong Kim Ark, which upheld birthright citizenship.
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause resolved a highly contested issue from before the Civil War, establishing that birthright determined citizenship, rather than race. This was particularly important for Black Americans, many of whom had been free and viewed as citizens by several states, but whose legal status and protections were uncertain. The Fourteenth Amendment guaranteed equal protection under the law, ensuring that no state could make or enforce any law that would abridge the privileges or immunities of U.S. citizens.
However, it is important to note that the Fourteenth Amendment has its limitations. For example, it does not address the legal benefits that come with state and national citizenship, nor does it specify how an individual may acquire state or national citizenship beyond birth in the United States or naturalization. Additionally, the Amendment has never been interpreted to extend citizenship universally to everyone born in the United States. There are exceptions, such as children born to parents with diplomatic immunity or those whose parents are not U.S. citizens or lawful permanent residents.
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Birthright citizenship
The Citizenship Clause of the Fourteenth Amendment to the US Constitution provides a basic rule regarding the acquisition of citizenship. The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to those born in the country, also known as birthright citizenship.
The Citizenship Clause marked an important shift in American identity. Before the Fourteenth Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own rules, often with racist implications. The Fourteenth Amendment established a simple national rule for citizenship: if you are born in America, you are a US citizen. This was a significant change, as it made individuals citizens of the nation, not just of their state, and it overruled the Dred Scott case, which had held that US citizenship was limited to two classes of people: white persons born in the US and those who had been naturalized after migrating from abroad.
The Fourteenth Amendment's birthright citizenship provision has been interpreted to exclude certain categories of individuals, such as children of foreign ministers, invading armies, and those not subject to the jurisdiction of the US, such as children born to parents who are not US citizens or lawful permanent residents. Additionally, the Amendment has been criticised for failing to extend the Bill of Rights to the states and adequately protect the rights of Black citizens.
The Fourteenth Amendment's Citizenship Clause is a powerful tool for establishing national citizenship and conferring rights and privileges on those born in the United States. However, it has also faced challenges and limitations throughout history, particularly regarding the protection of marginalized communities.
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Native American citizenship
The Citizenship Clause of the Fourteenth Amendment, ratified in 1868, established a basic rule regarding the acquisition of citizenship of the United States. It also conferred state citizenship on national citizens who reside in a state. The Fourteenth Amendment declared that all persons "born or naturalized in the United States, and subject to the jurisdiction thereof" were citizens.
However, the Native American community was historically excluded from this ruling. Native Americans were classified as "Indians not taxed" and were not considered eligible for US citizenship. They were governed by distinct tribes, which functioned in political capacities. 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 United States as wards of the federal government.
In 1884, the case of Elk v. Wilkins held that a Native American born to tribal member parents did not qualify for birthright citizenship under the Fourteenth Amendment. This was reaffirmed by the Supreme Court in 1898 in the case of United States v. Wong Kim Ark. The Supreme Court clarified that a Native person "who has not been naturalized, or taxed, or recognized as a citizen either by the United States or by the state, is not a citizen of the United States within the meaning of the first section of the Fourteenth Article of Amendment of the Constitution".
Despite these rulings, Native Americans born in the United States are citizens by birth. This was guaranteed by the Indian Citizenship Act of 1924, which granted birthright citizenship to all Native Americans born in the country. This Act was the first more inclusive method of granting Native American citizenship, as prior to this, citizenship was granted in a piecemeal fashion. It is important to note that even after the 1924 Act, Native Americans may not have had full citizenship and suffrage rights until 1948 due to discrepancies between federal and state control.
In conclusion, while the Citizenship Clause of the Fourteenth Amendment was an important step towards establishing a national rule for citizenship, it did not initially include Native Americans. It was the Indian Citizenship Act of 1924 that ultimately guaranteed the citizenship rights of Native Americans born in the United States.
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State citizenship
The concept of citizenship in the United States has been a subject of debate and evolution, with the Constitution playing a pivotal role in shaping the understanding of state citizenship. The Citizenship Clause of the Fourteenth Amendment stands as a pivotal moment in the history of state citizenship in the US. Prior to its ratification, the Constitution did not provide a clear and uniform definition of citizenship, allowing states to set their own criteria. This resulted in a discriminatory approach where many states restricted state citizenship to white individuals, excluding African Americans, even those born within the state, from equal rights and protections.
The Fourteenth Amendment, through the Citizenship Clause, fundamentally altered this dynamic. It established a straightforward national rule: anyone born in the United States under its flag is a US citizen. This amendment ensured that Americans were considered citizens of the nation first and foremost, regardless of the state in which they resided. This shift marked a significant step towards equality and away from the racist citizenship determinations made by individual states.
The Citizenship Clause also addressed the rights and privileges associated with citizenship. It guaranteed equal protection under the law and certain fundamental "privileges or immunities" for all citizens. However, it did not specify the legal benefits that came with state citizenship. The Fourteenth Amendment's second sentence, "No state shall...," suggests that the protections primarily apply to actions of state governments rather than private actors.
The Fourteenth Amendment's impact on state citizenship extended beyond legal theory. It had real-world implications for individuals, as seen in the Dred Scott case. Dred Scott, a former slave, sued for his freedom based on his residence in free territory. The Supreme Court's decision in Dred Scott v. Sandford misinterpreted the Constitution, excluding individuals of African descent from US citizenship based solely on their race. The Fourteenth Amendment repudiated this decision, affirming that birthright citizenship applied regardless of race.
While the Fourteenth Amendment clarified the rules surrounding state citizenship, it did not create state citizenship itself. Instead, it identified individuals who held national and state citizenship. The Amendment also left some questions unanswered, such as whether a state could confer state citizenship on non-US citizens or how national citizenship could be acquired beyond birth or naturalization.
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National citizenship
The concept of citizenship in the United States has been a subject of debate and evolution, with the Constitution and the Fourteenth Amendment playing pivotal roles in shaping the understanding of national citizenship.
Prior to the Fourteenth Amendment, the Constitution recognised both state and national citizenship. However, the interpretation of citizenship was left to individual states, resulting in racist determinations. Many states restricted state citizenship to whites, excluding African Americans, even those born within the state, from equal rights and protections. This dynamic led to the infamous Dred Scott case, where the Supreme Court ruled that United States citizenship was limited to two classes: whites born in the United States as descendants of recognised citizens, and those born outside the country who had migrated and been naturalised. This decision was later repudiated by the Fourteenth Amendment.
The Citizenship Clause of the Fourteenth Amendment transformed the understanding of citizenship by establishing a national rule: if you are born in America, you are a US citizen. This shift marked a significant departure from the previous state-centric approach, making individuals Americans and citizens of the nation first and foremost. The Fourteenth Amendment also guaranteed equal protection under the law, ensuring that all citizens, regardless of race or color, enjoyed the privileges and immunities of US citizenship.
The Fourteenth Amendment's definition of citizenship was directly challenged in the 1898 United States vs. Wong Kim Ark case. Ark, a San Francisco-born citizen, was denied entry to the US upon returning from China, citing the Chinese Exclusion Act. The Supreme Court affirmed Ark's protection under the Fourteenth Amendment, reinforcing the concept of birthright citizenship.
While the Fourteenth Amendment provided a broad framework, it left some questions unanswered. For instance, it did not specify whether a state could confer citizenship on non-US citizens or how national citizenship could be acquired other than through birth or naturalisation. Additionally, the Amendment did not address the legal benefits associated with state and national citizenship.
In conclusion, the Constitution and the Fourteenth Amendment's Citizenship Clause played a pivotal role in shaping national citizenship in the United States. By establishing a uniform rule and guaranteeing equal protection, they transformed the understanding of citizenship and ensured that all individuals born in America were entitled to the rights and privileges of US citizenship, regardless of race or state-level interpretations.
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Frequently asked questions
The Citizenship Clause of the Fourteenth Amendment stated 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." However, this did not automatically include Native Americans. Native Americans were only considered citizens if they were taxed, and their children did not automatically become citizens if they left their tribe. It wasn't until the Indian Citizenship Act of 1924 that all Native Americans were granted citizenship.
The Fourteenth Amendment granted citizenship to formerly enslaved people and extended the liberties and rights granted by the Bill of Rights to them. This was a significant shift as, before the amendment, the Constitution implicitly limited both state and national citizenship on racial grounds, generally excluding individuals of African descent.
The Fourteenth Amendment ensured that citizens had the right to due process of law and equal protection of the law, which applied to both federal and state governments. This meant that no state could deprive any person of "life, liberty, or property, without due process of law" or deny them "the equal protection of the laws."
