Legal Definitions - Citizenship Clause

The Citizenship Clause is a crucial part of the U.S. Constitution, found in the first section of the Fourteenth Amendment. It clearly defines who is considered a citizen of the United States. This clause states that any person either born within the United States or who becomes a citizen through the legal process of naturalization is a citizen of both the United States and the specific state where they reside. Essentially, it establishes the principle of birthright citizenship and confirms the citizenship status of those who complete the naturalization process.

• Example 1: Birthright Citizenship for Children of Non-Citizens

  Imagine a couple from France, Pierre and Sophie, who are on an extended business trip in Miami, Florida. While they are in the U.S., Sophie unexpectedly gives birth to their son, Louis, in a Miami hospital. Even though both Pierre and Sophie are French citizens and have no intention of permanently residing in the U.S., their son Louis is automatically a U.S. citizen under the Citizenship Clause because he was born on American soil. He is also considered a citizen of Florida, the state where he was born and resides.

• Example 2: Citizenship Through Naturalization

  Consider Elena, who immigrated to the United States from Ukraine many years ago and has been a lawful permanent resident. After fulfilling all legal requirements, such as living in the U.S. for the required period, demonstrating good moral character, and passing a civics and English test, she attends a naturalization ceremony and takes the Oath of Allegiance. Through this process, Elena becomes a naturalized U.S. citizen. The Citizenship Clause confirms her new status as a citizen of the United States and, by extension, a citizen of the state where she lives (for example, California), granting her all the rights and responsibilities of citizenship.

• Example 3: Changing State Citizenship

  Sarah was born and raised in Colorado, making her a U.S. citizen and a citizen of Colorado. After completing her education, she accepts a job opportunity and moves to Washington State, where she establishes her new permanent residence. The Citizenship Clause ensures that Sarah remains a U.S. citizen regardless of her move. Upon establishing residency in Washington, she automatically becomes a citizen of Washington State, replacing her previous state citizenship in Colorado. Her federal citizenship remains constant, while her state citizenship adapts to her new place of residence.