Understanding the U.S. Citizenship Clause: Rights, History, and Law

The concept of who qualifies as a citizen of the United States was once a subject of significant legal controversy and ambiguity. Today, the foundation of American birthright citizenship is anchored in the Citizenship Clause, the opening sentence of the Fourteenth Amendment. This clause provides a clear, comprehensive rule for citizenship that defines the relationship between the individual, the state, and the federal government.

What is the Citizenship Clause?

Adopted on July 9, 1868, the Citizenship Clause is the first sentence of Section 1 of the Fourteenth Amendment to the U.S. Constitution. 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.”

By establishing this rule, the amendment ensures that citizenship is not merely a matter of state law or shifting federal policy, but a constitutional right. According to the Fourteenth Amendment, this status grants individuals citizenship at both the national and state levels simultaneously.

The Historical Path to Birthright Citizenship

Prior to the Civil War, the original U.S. Constitution of 1789 mentioned national and state citizenship but lacked a definitive rule on how one acquired it. Even as Article II mentioned “natural-born citizens” regarding presidential eligibility and Article III discussed jurisdiction over citizens of different states, the specific details remained unclear. This ambiguity led to varying state and federal laws and conflicting court decisions.

Reversing Dred Scott v. Sandford

A pivotal moment in this legal evolution was the 1857 Supreme Court decision in Dred Scott v. Sandford. This ruling declared that African Americans were not, and could not become, citizens of the United States, effectively stripping them of the privileges and immunities of citizenship. The Citizenship Clause was specifically designed to reverse this decision and ensure that citizenship was based on birth or naturalization rather than race.

The Civil Rights Act of 1866

Before the Fourteenth Amendment was adopted, the Civil Rights Act of 1866 attempted to grant U.S. Citizenship to all persons born in the United States who were “not subject to any foreign power.” Though, the 39th Congress feared that a simple act of legislation could be repealed by a future Congress or struck down by the Supreme Court. To prevent this, they sought to “entrench” the principle within the Constitution itself through the Fourteenth Amendment.

Defining “Subject to the Jurisdiction Thereof”

While the clause provides a broad rule for citizenship, the phrase “subject to the jurisdiction thereof” creates a critical legal distinction. This means that birth within U.S. Borders does not automatically confer citizenship if the person is not under the legal control of the United States.

For example, the Constitution Center notes that when the clause was adopted, it was understood to withhold birthright citizenship from the children of foreign diplomats born in the U.S. Because diplomats and their families are largely immune from U.S. Legal control and courts under international law, they are not considered “subject to the jurisdiction” of the United States.

Key Takeaways: The Citizenship Clause

• Constitutional Mandate: The Citizenship Clause is the first sentence of the Fourteenth Amendment, adopted in 1868.
• Dual Citizenship: It grants citizenship to both the United States and the specific state where the person resides.
• Legal Correction: It explicitly overturned the Dred Scott v. Sandford decision, guaranteeing citizenship regardless of race.
• Jurisdictional Requirement: To qualify for birthright citizenship, a person must be born or naturalized in the U.S. And be “subject to the jurisdiction” of the U.S. (excluding those with diplomatic immunity).

Frequently Asked Questions

Does the original Constitution define citizenship?

No. The original 1789 Constitution assumed the existence of national and state citizenship but did not provide a comprehensive rule for how it was acquired, other than granting Congress the power to naturalize new citizens.

Why was the 14th Amendment necessary if the Civil Rights Act of 1866 already existed?

The 39th Congress wanted to ensure that the principle of birthright citizenship could not be easily repealed by a future Congress or overturned by the courts, which is why they moved the rule from a legislative act into the Constitution.

Who is excluded from birthright citizenship under this clause?

Persons who are not “subject to the jurisdiction” of the United States, such as the children of foreign diplomats, are not granted citizenship under this clause due to their immunity under international law.