The 14th Amendment to the Constitution and Its Definition of Citizenship.

If ten people on the streets of the United States of America were to list the different ways that one can become an official citizen of the United States, the chances are that nine, or even ten of them would include ”being born in the United States”.

The interesting thing is that, although this has become a generally accepted concept, simply being born within its borders is not really a complete way to become a citizen of the United States of America.

The qualifications of a citizen are laid out in the 14th Amendment to the Constitution, and they also include being ‘subject to the jurisdiction’ of the laws of the United States.

It is in the semantics of this phrase that much debate continues as to exactly what qualifies a person born in the United States to be one of its citizens.

Furthermore, the 14th Amendment to the Constitution includes more aspects than defining citizenship alone.

For example, Article 2 establishes the House of Representatives, allowing larger populations to have more proportional representation in the legislature.

The third article penalizes sections of the population who have participated in insurrection against the Union by reducing their representation in Congress.

The final article absolves the government of any debt to any entity related to insurrection or rebellion.

Perhaps the most frequent and heated debates revolve around the first article, which involves the criteria for being born into U.S. citizenship.

In the associated video, a prominent constitutional scholar who has been consulted by Congress, discusses the first article and one of the debates centered around it.

The 14th Amendment on Citizenship

It is a common misconception today that one simply has to be born within the borders of the United States of America to become one of its citizens. 

Nevertheless, this is insufficient since the article also mentions an additional requirement for citizenship involving being subject to the jurisdiction of the United States.

Specifically, Article 1 of the 14th Amendment to the Constitution reads as follows:

”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.”

Article 1 then goes on to say that:

“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 key phrases to note above are ‘subject to the jurisdiction thereof’ and in the second part of the same article the phrase ‘within it’s jurisdiction.’ 

The Constitution of the United States of America is one document where words are not varied without cause.

”Subject to” Versus ”Within”

Accordingly, the question arises, ”what is the difference?” The key to understanding this article is in the word “subject”. 

To be subject to something is to be a subservient part of it, and in this case it means acknowledging the sovereignty of the United States of America, since a person within the United States of America’s jurisdiction may not in fact be subject to it.

As a result, a legal immigrant to the United States, or someone in the process of legal immigration, would be considered ”subject to the jurisdiction” of the United States by way of the agreements they have made in order to be allowed to immigrate.

Although a visiting tourist, a worker allowed in on Visa, or an illegal immigrant would simply be ‘within’ the jurisdiction of the United States.

Birth Alone Does Not Confer Citizenship

This leads to the conclusion that simply being born within the borders of the United States is not enough for citizenship. 

The writers of the 14th Amendment to the Constitution were not fools, nor did they lightly draft one of the first amendments to the Constitution in six decades. 

Basically, they realized that citizenship in this country is a valuable and potent commodity, and should not be granted except to those who truly submit themselves to its laws and subscribe to its ideals.