Author Topic: Barone’s Guide to Government: The 14th Amendment and birthright citizenship  (Read 194 times)

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Barone’s Guide to Government: The 14th Amendment and birthright citizenship
by Michael Barone
 | September 19, 2018 08:14 AM



Section 1 of the 14th Amendment, adopted in 1868, reads: “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 obvious purpose of this provision was to establish, beyond any doubt, the legal citizenship of former slaves and their offspring. Section 1 is also a clear repudiation of Chief Justice Taney’s declaration in the 1857 case of Dred Scott v. Sandford that African-descended Americans were never and could never be citizens.

This provision has been held by the courts to create something almost no other foreign country except Canada confers: birthright citizenship, the rule that every person born in the United States, or in U.S. territories including Puerto Rico, the U.S. Virgin Islands, Guam and the Northern Marianas, is automatically an American citizen.

The only exceptions are those not “subject to the jurisdiction thereof,” primarily children of accredited diplomats.

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