Cameron Miranda
The Naturalization Clause, outlined in Article I, Section 8, Clause 4 of the United States Constitution, grants Congress the authority to establish uniform rules for naturalization across the nation. The Citizenship Clause, which is the first sentence of the Fourteenth Amendment to the Constitution, states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. The Fourteenth Amendment has been interpreted to exclude from birthright citizenship persons who were born in the United States but not subject to the jurisdiction thereof. The naturalization process involves non-citizens becoming citizens and is overseen by Congress, which may legislate terms and conditions.
| Characteristics | Values |
|---|---|
| Authority | Congress |
| Powers | Establish uniform rules for naturalization |
| Applicability | Foreign-born nationals (aliens) |
| Requirements | Residency, good moral character, loyalty, oath |
| Exclusions | Criminals, subversives, terrorists, polygamists, gamblers, etc. |
| Categories | Residence, citizenship by descent, birthright |
| Amendments | Fourteenth Amendment, Civil Rights Act of 1866 |
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What You'll Learn
The Naturalization Clause
Before the U.S. Constitution was adopted in 1787, the Articles of Confederation allowed the states to set their own rules for granting citizenship. This led to inconsistencies and confusion. The Framers of the Constitution sought to remedy the problem by centralizing this power. The Naturalization Clause gives Congress (the legislative branch) the power to create and change uniform rules for naturalization as needed.
In the years that followed, the Supreme Court interpreted the naturalization clause to mean that states had concurrent authority over naturalization as long as their laws didn't conflict with federal laws. However, in 1817, the Supreme Court firmly established that the power of naturalization rests solely with Congress. The Chirac case dealt with the power of naturalization and property rights of foreign nationals. Chief Justice John Marshall declared in Chirac that naturalization was exclusively a power of Congress, reinforcing the federal government's sole authority over naturalization laws.
The Dred Scott v. Sandford decision was a landmark Supreme Court case that revealed major flaws in the naturalization clause, showing it didn't clearly define who could become a citizen, especially regarding race. The Court ruled that Black Americans, whether enslaved or free, couldn't be American citizens. After the Civil War, lawmakers worked to fix the citizenship problem that Dred Scott had revealed, leading to extensive debates in the Senate and ultimately, the Fourteenth Amendment in 1868. The Fourteenth Amendment includes a Citizenship Clause, which states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens and that no state shall deprive any person of life, liberty, or property without due process of law.
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Naturalization Act of 1790
The concepts of state and national citizenship were mentioned in the original US Constitution, which was adopted in 1789. However, the details were unclear. The first naturalization act was passed by Congress in 1790, restricting naturalization to "free white persons". This act was superseded by the Naturalization Act of 1795, which extended the residence requirement to five years and mandated a three-year advance notice of application. The 1798 Act further extended the residency requirement to 14 years and the notice period to five years.
The Naturalization Act of 1790, officially "An act to establish an uniform Rule of Naturalization", was the first law to define eligibility for citizenship by naturalization and establish the standards and procedures by which immigrants became US citizens. The Act provided that any free white person who had resided within the United States for two years and was of good character could be granted citizenship if they swore allegiance to the US Constitution. The law also provided that the children of naturalized citizens under 21 at the time of their parents' naturalization and residing in the US would be considered US citizens. Additionally, the children of US citizens born outside the US were deemed citizens unless their fathers had never resided in the country.
The 1790 Act was the only US statute to use the term "natural-born citizen", which is found in the US Constitution concerning the prerequisites for a person to serve as president or vice president. The Act did not specifically preclude women from citizenship, but courts absorbed the common law practice of coverture, which held that a married woman's physical body and any rights to her person or property were controlled by her husband. A woman's loyalty to her husband was considered above her obligation to the state. Jurisprudence on domestic relations held that women should be excluded from participation in public life and conducting business because they lacked discernment, the right to free will and property, and there was a need to prevent moral depravity and conflicts of loyalty.
The Fourteenth Amendment, adopted in 1868, granted citizenship to people born within the United States and subject to its jurisdiction, irrespective of race, but it excluded untaxed "Indians" (Native Americans living on reservations). The Naturalization Act of 1870 extended "the naturalization laws" to aliens of African nativity and to persons of African descent while also revoking the citizenship of naturalized Chinese Americans. Under the Fourteenth Amendment and despite the 1870 Act, the Supreme Court in United States v. Wong Kim Ark (1898) recognized US birthright citizenship of an American-born child of Chinese parents who had a permanent domicile and residence in the United States.
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Citizenship Clause
The Citizenship Clause, the first sentence of the Fourteenth Amendment to the United States Constitution, was adopted on July 9, 1868. 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."
The Citizenship Clause reversed a portion of the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. The concepts of state and national citizenship were mentioned in the original Constitution of 1789, but the details were unclear. Before the Civil War, only some persons born or naturalized in the United States and subject to its jurisdiction were considered citizens, according to various state and federal laws and court decisions.
The Civil Rights Act of 1866 granted citizenship to all persons born in the United States "not subject to any foreign power", excluding untaxed Native Americans. The framers of the Fourteenth Amendment sought to entrench this principle in the Constitution to prevent it from being struck down by the Supreme Court or repealed by a future Congress. The Citizenship Clause was meant to repudiate Dred Scott and place the Civil Rights Act on a firm legal foundation.
The Citizenship Clause identifies individuals who hold national and state citizenship, but it does not specify the legal benefits that come with this status. It also does not address how state citizenship is acquired or whether national citizenship can be acquired other than through birth in the United States or naturalization. The Clause has been interpreted to exclude certain members of Native American tribes from birthright citizenship, as they are considered to be under the jurisdiction of their tribes and not the United States.
Naturalization laws, which fall under Congressional power, have generally applied to three categories of aliens: those who have resided in the United States for certain periods and applied for naturalization; those born abroad to US citizen parents; and those who derived citizenship after their parents naturalized in the US. The process of naturalization typically involves an oath to support the Constitution, renounce allegiance to any foreign power, and support and defend the Constitution and laws of the US.
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Fourteenth Amendment
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War.
The Citizenship Clause, which forms the first sentence 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 reversed a portion of the Dred Scott v. Sandford decision, which had declared that African Americans were not and could not become citizens of the United States. The Fourteenth Amendment has been interpreted to exclude from birthright citizenship those born in the US but not "subject to the jurisdiction thereof." Congress has further specified that "a person born in the United States, and subject to the jurisdiction thereof" is a US citizen at birth, generally mirroring the Fourteenth Amendment's text.
The Fourteenth Amendment has been central to landmark Supreme Court decisions, including United States v. Wong Kim Ark (1898), which confirmed birthright citizenship for children born in the US, regardless of their parents' citizenship status. In Elk v. Wilkins (1884), the Supreme Court interpreted the Citizenship Clause as granting birthright citizenship to all born within US jurisdiction, and it recognised Native American tribes as independent political powers. The Equal Protection Clause of the Fourteenth Amendment was written to constitutionalise the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of the Southern states' Black Codes.
The Fourteenth Amendment has also been invoked in cases concerning privacy rights, such as Griswold v. Connecticut (1965) and Lawrence v. Texas (2003), where the Supreme Court elevated privacy to a fundamental right. The Amendment has been central to debates about the scope of Congress's powers over naturalisation, with Congress possessing the exclusive power to determine the terms and conditions of naturalisation.
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Congress's role in naturalization
The Naturalization Clause in Article I, Section 8, Clause 4 of the US Constitution gives Congress the power to establish a "uniform Rule of Naturalization". This clause prevents the confusion that would result if individual states could bestow citizenship.
Congress's power over naturalization is exclusive and cannot be exercised by individual states. This power is derived from its control over foreign affairs and foreign commerce. Congress may legislate the terms and conditions by which a foreign-born national may become a US citizen. This includes determining what aliens shall be admitted to the United States, the period they may remain, the regulation of their conduct before naturalization, and the terms and conditions of their naturalization.
Citizenship by naturalization is a privilege to be given or withheld as Congress may determine. The first naturalization act enacted by Congress restricted naturalization to "free white persons". This was expanded in 1870 to include persons of "African nativity and descent". "Chinese laborers" were specifically excluded from eligibility in 1882. These exclusions are no longer law.
To petition for naturalization, an alien must have been a resident for at least five years and have possessed "good moral character" for all of that period. The process of naturalization culminates in the taking of an oath to support the Constitution of the United States, renounce allegiance to any foreign power, and defend the Constitution.
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Frequently asked questions
The Naturalization Clause, outlined in Article I, Section 8, Clause 4 of the United States Constitution, grants Congress the authority to establish uniform rules for naturalization across the nation.
Naturalization is the process of non-citizens becoming citizens. An alien must have been a resident for at least five years and have possessed "good moral character" for that entire period. The process culminates in taking an oath to support the Constitution and renouncing allegiance to any other nation.
Citizenship by birthright applies to anyone born in the United States and subject to its jurisdiction. Naturalization, on the other hand, is the process by which a foreigner can become a citizen, granted by Congress.
Historically, there were significant racial and ethnic limitations on eligibility for naturalization. For example, the first Naturalization Act of 1790 restricted eligibility to "free white persons," excluding Native Americans, the children of slaves, and "Chinese laborers." These exclusions are no longer law.
Yes, but it depends on the circumstances. If a child is born to non-citizen parents who are lawfully present in the United States, they may be eligible for citizenship. However, if a child's mother is unlawfully present or temporarily in the US (e.g., on a visa), and the father is not a US citizen or permanent resident, the child is generally not considered a citizen.
