Malcolm Rivera
The concept of citizenship by place, also known as birthright citizenship, is a constitutional matter in the United States, as outlined in the Fourteenth Amendment. The Citizenship Clause of this amendment establishes the principle of jus soli, granting citizenship to those born on American soil regardless of their parentage. This clause was a response to the infamous Dred Scott case, where the Supreme Court ruled that free African-Americans, despite being born in the US, could not be citizens. The Fourteenth Amendment's emphasis on place rather than parentage affirms birthright citizenship, even if parents are not citizens or are in the country illegally. However, it does not extend citizenship to everyone born in the US, with certain exceptions, such as children of diplomatic representatives or those born in specific jurisdictions. The interpretation and application of birthright citizenship continue to be a subject of legal debate and political controversy.
| Characteristics | Values |
|---|---|
| Citizenship Clause | Citizenship is based on the law of the soil, not the law of blood |
| Birthright citizenship does not depend on the immigration status of one's biological parents | |
| Birthright citizenship does not apply to children of foreign diplomatic representatives or enemy soldiers | |
| Birthright citizenship does not apply to children of Native Americans living in tribes | |
| Birthright citizenship does not apply to children of slaves | |
| Birthright citizenship does not apply to children born to mothers who are not permanent residents and whose fathers are not US citizens | |
| Fourteenth Amendment | All persons born or naturalized in the US are citizens of the US and the state in which they reside |
| No state shall make or enforce any law that abridges the privileges or immunities of US citizens | |
| States cannot deprive any person of life, liberty, or property without due process of law | |
| States cannot deny any person within their jurisdiction equal protection under the law |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause of the Fourteenth Amendment 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 establishes a straightforward rule for acquiring citizenship: if you are born in the United States, you are a citizen, regardless of your background or circumstances. This principle, known as birthright citizenship, was a significant departure from the pre-Civil War era, when only certain individuals born or naturalized in the country were recognised as citizens.
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Citizenship Clause
The Citizenship Clause, part of the Fourteenth Amendment, is a critical component of the United States Constitution, resolving a contentious issue that predated the Civil War. The Clause establishes the fundamental rule regarding the acquisition of citizenship, conferring birthright citizenship on those born in the country, regardless of their parents' immigration status. This principle, known as "jus soli" or citizenship by place of birth, is a defining feature of the US Constitution, setting it apart from the laws of many European nations, which primarily rely on "jus sanguinis" or citizenship by ancestry.
The Citizenship Clause explicitly 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 provision repudiated the infamous Dred Scott v. Sandford case, in which the Supreme Court ruled that free African Americans, despite being born in the United States, could not be citizens. The Fourteenth Amendment overturned this decision, restoring the traditional precept of citizenship by birth and ensuring that all persons born in the country, regardless of race, are prima facie citizens.
The Citizenship Clause also addresses state citizenship, conferring state citizenship on national citizens residing in a particular state. It establishes the priority of national citizenship, asserting that anyone born in America is an American citizen, regardless of the state's preferences. Additionally, it mandates that states treat American citizens choosing to reside in that state as full and equal state citizens, guaranteeing their right to move to and remain in any state.
While the Citizenship Clause guarantees birthright citizenship, it does have certain limitations. It does not grant citizenship to children of diplomatic representatives, alien enemies in hostile occupation, or members of Indian tribes subject to tribal laws. Additionally, it does not specify the legal benefits that come with citizenship status. The scope of the Clause has been a matter of political controversy, with some arguing that it does not extend citizenship to everyone born in the United States, particularly those born to parents with certain immigration statuses.
The Citizenship Clause is a powerful statement of equality and inclusion, shaping the very fabric of American society. It stands as a testament to the nation's commitment to recognizing and upholding the rights and privileges of its citizens, regardless of race, ancestry, or place of birth.
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Birthright citizenship
The Citizenship Clause of the Fourteenth Amendment establishes the priority of national citizenship based on place of birth, rather than parentage. This means that anyone born in America under the American flag is an American citizen, regardless of their parents' immigration status or citizenship. This is in contrast to the law in many European countries, which is based on the law of blood rather than the law of the soil.
However, there are some exceptions to birthright citizenship in the United States. For example, children of diplomatic representatives or alien enemies in hostile occupation are excluded from birthright citizenship. Additionally, the citizenship of children born on vessels in US territorial waters or on the high seas is generally determined by the citizenship of their parents.
The principle of birthright citizenship has been challenged in recent years, with some arguing that the Fourteenth Amendment is unclear or unsettled on this issue. In 2025, the Trump administration attempted to implement an executive order restricting birthright citizenship, particularly for children of undocumented immigrants. However, this order was blocked by federal judges in multiple states and is currently working its way through the judicial system.
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Immigration status of parents
Citizenship by place is a constitutional matter in the United States, as outlined in 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 introduced to prevent the Supreme Court or a future Congress from striking it down.
The Citizenship Clause of the Fourteenth Amendment provides the basic rule regarding the acquisition of citizenship of the United States, and it does not depend on the immigration status of one's biological parents. This means that anyone born in the United States is a citizen, even if their parents are not citizens or are not in the country legally. This is in contrast to the law in many European countries, where citizenship is based on the law of blood, or the parentage of the child, rather than the law of the soil, or the place of birth.
The Fourteenth Amendment was introduced to overrule the Dred Scott case, which held that free African Americans, although born in the United States, could not be citizens. The Citizenship Clause also shields African Americans from racially motivated private violence and powerful private systems of racial exclusion.
Children born outside of the United States to U.S. citizens may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). The child must have at least one parent who is a U.S. citizen, and the child must be residing in the United States in the legal and physical custody of the U.S. citizen parent.
Children residing outside of the United States may obtain citizenship under Section 322 of the INA. The child must have at least one parent who is a U.S. citizen, and the child must be residing outside of the United States in the legal and physical custody of the U.S. citizen parent. The child must also be lawfully admitted, physically present, and maintaining a lawful status in the United States at the time of naturalization.
In conclusion, the immigration status of parents does not affect the citizenship of their children if the children are born in the United States. However, if the children are born outside of the United States, the immigration status of the parents may impact the child's path to citizenship.
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Supreme Court rulings
The Supreme Court has played a significant role in shaping the understanding of citizenship by place as a constitutional matter in the United States. Here are some key Supreme Court rulings that have contributed to this:
Dred Scott v. Sandford (1857)
The 1857 Dred Scott decision is often cited as a shameful chapter in the history of the Supreme Court. In this case, the Court held that free African Americans, despite being born in the United States, could not be citizens. This decision was based on the notion that United States citizenship was limited to two classes of people: those who were descendants of citizens at the time of the Constitution's adoption and those who were naturalized after being born outside the country. The dissenting justices, including Justices McLean and Curtis, relied on the common-law rule of citizenship, which stated that birth on the soil of a country confers the rights and duties of citizenship.
Civil Rights Cases (1883)
The Reconstruction Congress passed several laws to protect the full and equal citizenship of African Americans after the Civil War. However, in the 1883 Civil Rights Cases, the Supreme Court struck down some of these laws, interpreting the Fourteenth Amendment as only applying to actions by state governments. These decisions were inconsistent with the text and history of the Fourteenth Amendment.
United States v. Wong Kim Ark (1898)
In this case, the Supreme Court affirmed the citizenship of a child born in the United States to Chinese parents who were ineligible for naturalization. The Court's decision reaffirmed the principle that birthright citizenship is based on the law of the soil, not the law of blood, as is the case in many European countries.
Afroyim v. Rusk (1967)
In this case, the Supreme Court addressed the issue of citizenship by place and its historical context. The Court's decision set aside the Dred Scott holding and restored the traditional precepts of citizenship by birth, as outlined in the Civil Rights Act of 1866 and the Fourteenth Amendment.
Executive Order 14156 Lawsuits (2025)
In 2025, several lawsuits were filed challenging Executive Order 14156, which restricted birthright citizenship for children born to parents with certain immigration statuses. These lawsuits argued that the executive order violated the Fourteenth Amendment's guarantee of unrestricted birthplace-based citizenship. The cases made their way through the judicial system, with federal judges issuing preliminary injunctions and restraining orders to block the implementation of the order. The Supreme Court was expected to ultimately decide on the constitutionality of the executive order.
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Frequently asked questions
The Citizenship Clause is part of the Fourteenth Amendment to the US Constitution. 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 Citizenship Clause is significant because it establishes the principle of birthright citizenship in the United States. It also overrules the Dred Scott case, which held that free African Americans, despite being born in the United States, could not be citizens.
The Citizenship Clause identifies individuals who hold national and state citizenship. It also requires states to treat any American citizen residing within their borders as a full and equal state citizen, regardless of the state's preferences.
Yes, there are some exceptions to the Citizenship Clause. It does not apply to children of diplomatic representatives, children of alien enemies in hostile occupation, or children born on vessels in US territorial waters or on the high seas, as their citizenship is determined by their parents. Additionally, it does not apply to children born to mothers who were unlawfully present in the US or temporarily in the country without a lawful permanent resident father.
