Citizenship Clause

Citizenship Clause is a provision in the Fourteenth Amendment to the United States Constitution that grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof". This clause has been interpreted to provide a broad definition of citizenship, encompassing all individuals born within the territorial limits of the United States, regardless of the citizenship status of their parents.

History

The Citizenship Clause was adopted as part of the Fourteenth Amendment in 1868, in the aftermath of the American Civil War. It was intended to overturn the Dred Scott v. Sandford decision, which had held that African Americans, whether free or enslaved, could not be citizens of the United States.

Interpretation

The interpretation of the Citizenship Clause has been a subject of debate. The Supreme Court has held that the clause applies to anyone born within the territorial limits of the U.S., with the exception of children of foreign diplomats, enemy forces engaged in hostile occupation, and, on certain interpretations, members of Native American tribes.

Controversies

The Citizenship Clause has been the subject of controversy, particularly in relation to the issue of birthright citizenship. Some argue that the clause should be interpreted to grant citizenship only to those born to U.S. citizens or legal residents, while others maintain that it guarantees citizenship to all those born on U.S. soil, regardless of their parents' status.

See also

• Fourteenth Amendment to the United States Constitution
• Birthright citizenship in the United States
• Dred Scott v. Sandford

   This article is a U.S. law stub. You can help WikiMD by expanding it!