There is no Amendment that declares all persons born or naturalized in the United States to be citizens. 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within it's jurisdiction the equal protection of the laws"
XIV Amendment (In part.)
A careful reading of all statutory schemes is essential to understanding any law and in the United States everyone is presumed to know the law. The rules of statutory construction require that each and every word be given significance. The difference between what the question implies and what the Amendment actually states is the difference between rights granted by constitution and the natural rights that each and every person born are in possession of. Anyone familiar with the first 10 Amendments in the Bill of Rights all ready knows that there is a certain redundancy to the 14th Amendment. A persons right to due process of law is all ready listed the fourth through eight Amendments, the Declaration of Independence all ready declared that all people had the right to life, liberty and the pursuit of happiness, and equal protection under the law all ready existed, except of course, for those slaves who had just been emancipated by the Thirteenth Amendment.
Due to an unfortunate clause in the Constitution, Article I section two, salves had been relegated as "other persons" and only counted as "three fifths" of a person. This horrendous construction is the source of the Fourteenth Amendment, supposedly in an attempt to rectify the problem created by the Article I section two. The Fourteenth Amendment was an "attempt" to protect former slaves from injustice. That it is interpreted the way it is now, such as the questions interpretation is not just unfortunate, it is flat out horrifying. In order to be subject to the United States jurisdiction, one would have to be guilty or, or at the very least suspected of being guilty of committing some crime or owe a tax that the person has been made liable for before there is jurisdiction. The United States federal government does not have jurisdiction over all persons born or naturalized in the United States until those persons have either granted jurisdiction or created jurisdiction through some harm or action they have done that would allow the federal government to act.
The 14th amendment deals with citizenship. It does not quite say that all persons born in US are citizens-- only those born in US and and subject to the jurisdiction thereof. I am not a lawyer, but it seems to me that foreign nationals would not automatically become citizens by this amendment if they happen to be born in the US.
Section 1 of the 14th Amendment to the U.S. Constitution states in its entirety, "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The 14th Amendment, the proposal of which was directly related to the abolition of slavery in the United States three years earlier, received the required ratification by at least three fourths of the states on the 9th of July 1868. However, there has been much debate during the past century and a half regarding the legal meaning of "subject to the jurisdiction [of the United States]" as well as the name United States itself, as they pertain to the 14th Amendment. For example, because unincorporated U.S. territories, although "owned by" the United States, are not considered "part of" the United States, not all U.S.-born native Americans were considered U.S. citizens until after passage of the Indian Citizenship Act of 1924. And based on the decision in the U.S. Supreme Court case of United States v. Wong Kim Ark of 1898, a person born within the United States is not a U.S. citizen if neither of his/her parents either is a U.S. citizen or has a permanent residence in the United States, since such people are not subject to the jurisdiction of the U.S. Such a restriction would rule out children born while their mothers were merely on a vacation or a visit within the United States. All attempts to legally narrow "permanent residence" to "legal permanent residence" during the nineties and naughties failed. "Permanent" in this case was legally determined to be a continuous period of at least one year in 1952. Regarding territories and with regard to citizenship, current law includes Puerto Rico, the U.S. Virgin Islands, Guam and the Commonwealth of Northern Mariana Islands (CNMI) in the name "United States", but not American Samoa.
The Fourteenth Amendment to the Constitution declared all persons born or naturalized in the United States to be U.S. citizens. It was adopted in 1868.
The Fourteenth Amendment makes this declaration.
The 14th Constitutional Amendment is the one that details citizenship.
14th amendment
14th amendment
The 14th amendment
The 14th amendment says that if you are born in the US you are a citizen. Beforethis amendment slaves born in the US were not citizens. Slavery was allowed by the original US Constitution but was not part of any amendment. Also, children born in the United States to citizens of other countries would not automatically be US citizens before this amendment was ratified.
14
The 14th amendment to the U.S Constitution establishes what a 'natural born citizen' is, and states that all 'natural born citizens', are American citizens.
The 14th amendment to the U.S Constitution establishes what a 'natural born citizen' is, and states that all 'natural born citizens', are American citizens.
The 14th amendment to the U.S Constitution establishes what a 'natural born citizen' is, and states that all 'natural born citizens', are American citizens.
A person born in the territory of the United States of America or to United States citizen parents would be a natural born citizen of the United States.
That was the 14th Amendment, designed to guarantee the citizenship of newly freed slaves at the time (since the Civil War had just ended).
A person born in the territory of the United States of America or to United States citizen parents would be a natural born citizen of the United States.
The most important issue left unresolved was there was no definition of who a citizen of the United States was. Well until the 14 amendment was ratified in 1868 stating that any person born or naturalized in the United States was a citizen.
Yes, anyone born in the United States is automatically a US citizen.
The 14th amendment says that everyone is to be treated equally no matter what their color or where they come from
It does not now, and any change would require a Constitutional Amendment.