Birthright Citizenship and the 14th Amendment

Post-Civil War Amendments

Three amendments were added to the US Constitution after the Civil War to establish rights for African Americans:
- Abolished slavery.
- Granted voting rights to African American men.
- Granted citizenship rights.

The 14th Amendment addresses citizenship without mentioning race or former slaves.
It establishes birthright citizenship: being born in the US generally grants citizenship.
There have been attempts to end birthright citizenship, such as an executive order considered in 2025.
The legality and constitutionality of birthright citizenship have been debated.
A significant portion of Americans (40%) oppose birthright citizenship for children of undocumented immigrants.
The interpretation of the 14th Amendment has been a long-standing debate.

The video explores the key moments that established birthright citizenship in the US.
The original Constitution lacked specific rules on citizenship.
The idea of citizenship by birth was based on English common law and the Roman principle of "jus soli," the right of soil.
Jus soli contrasts with "jus sanguinis," the right of blood, where citizenship is inherited from parents.

Before the Civil War, the US was divided on the issue of slavery.
The Dred Scott case involved an enslaved man who sued for his freedom after being taken to free territory.
The Supreme Court ruled that Dred Scott and his family were not free and could not be citizens.
The court stated that people of African descent could not be US citizens, regardless of birth status.
The decision created two classes of people: those who could be citizens and those who could not.
This decision contributed to the tensions that led to the Civil War.

Following the Civil War, the North aimed to overturn the Dred Scott decision.
The Civil Rights Act of 1866 was the first US law to declare that people born in the US were citizens.
Presidential objections were raised concerning the inclusion of groups such as "Gypsies" and Chinese people.
Congress overrode the president's objections, enacting the law.
There were concerns that future Congresses could repeal the Civil Rights Act.

To solidify birthright citizenship, it was included in the 14th Amendment.
The 14th Amendment states that all persons born or naturalized in the US and subject to its jurisdiction are citizens.
The phrase "subject to the jurisdiction thereof" has been a point of contention.
Congressional debates on the 14th Amendment reveal that the intention was to grant citizenship to children of immigrants.
Despite broad support, not all members of Congress agreed with the 14th Amendment.

Concerns about Chinese people becoming citizens were prevalent during a period of increased Chinese immigration.
The Chinese Exclusion Act of 1882 prohibited Chinese immigrants from becoming citizens but did not address their children's status.
Wong Kim Ark, born in San Francisco to Chinese immigrant parents, was denied entry to the US after visiting family in China.
His case challenged the interpretation of the 14th Amendment, specifically the "subject to the jurisdiction" clause.
In 1898, the Supreme Court ruled that Wong Kim Ark was a citizen.
The court defined exceptions to birthright citizenship as diplomats, certain Native Americans, and invading forces.
The court affirmed that "subject to the jurisdiction" applied to nearly everyone in the US, including immigrants and their children.
This ruling established the legal consensus that birthright citizenship applies to all born in the US.

Increased undocumented immigration in the 1980s and 1990s revived debates about birthright citizenship.
Some Republican lawmakers called for reevaluation of the 14th Amendment, arguing that undocumented immigrants are not "subject to the jurisdiction" of the US.

Originally, only states that had not seceded from the Union were represented in Congress and supported the 14th Amendment.
Southern states were required to ratify the 14th Amendment as a condition for being readmitted to Congress.
The 14th Amendment can be viewed as a treaty signifying the formation of a new nation after the Civil War.

Like in the past, the president disagrees with applying birthright citizenship to everyone.
A majority of Americans support birthright citizenship.
The Supreme Court may again decide the issue, despite having consistently upheld birthright citizenship for over a century.