The principle that everyone born in this country is a United States citizen is one of the sacred building blocks of our democracy. Enshrined in the 14th Amendment to the United States Constitution, it reflects America’s fundamental commitment to fairness. In America, citizenship does not depend on whether your ancestors arrived on the Mayflower or are recent immigrants to the United States.
Adopted in the aftermath of the Civil War, the 14th Amendment negated one of the Supreme Court’s most infamous rulings, the Dred Scott decision of 1857, which held that neither freed slaves nor their descendants could ever become citizens. The Amendment, which conferred the rights of citizenship on all who were born in this country, even freed slaves, was enacted in response to laws passed by the former Confederate states that prevented African Americans from entering professions, owning or leasing land, accessing public accommodations, serving on juries and voting.
The words of the Fourteenth Amendment are unambiguous: “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 intent of these powerful words was to put citizenship above the politics and prejudices of any given era, a goal that is as relevant and necessary today as it was at its passage.
The attacks on the 14th Amendment that are being mounted today aren’t new. Even prior to its passage, some people objected to extending citizenship to the native born children of various immigrant groups, but these objections were soundly rejected. They were rejected again in the late 19th century when Chinese-Americans came under attack, and they must be rejected today when Latinos are being targeted.
To define citizenship by bloodlines or lineage cuts against our nation’s most basic values of justice and equality. At some point, nearly all of our ancestors migrated to this country, either voluntarily or by force. And together we have fought to create a nation that thrives on diversity and one that values the principles of equality and fairness enshrined in our Constitution.
It seems almost unimaginable that anyone would question the 14th Amendment’s promise of citizenship to all people born in the United States. After all, it is this promise that has helped to shape our nation, creating a society in which there is no permanent underclass to be denied the American promise, and in which all stand equal before the law.
FAQs
Passed by Congress June 13, 1866, and ratified July 9, 1868, the 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
How successful is ACLU? ›
For nearly one-hundred years, the ACLU has been at the center of one critical, history-making court case after another, participating in more Supreme Court cases than any other private organization.
What does the 14th Amendment guarantee choose three correct answers? ›
The correct answers, based on the constitutional text and historical interpretations, are as follows:
- All people born in the US are citizens.
- All people naturalized in the US are citizens.
- States cannot make laws that take away rights protected by the Constitution.
This is the text of Section 1 of the 14th Amendment. It is worth a slow read. 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.
How does the 14th Amendment protect civil liberties and civil rights? ›
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...
How does the 14th Amendment protect civil rights? ›
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.
Does the ACLU win cases? ›
For over 100 years, the ACLU has participated in more Supreme Court cases than any other private organization. Whether we're standing on principle before the highest court in the land or in state and federal courthouses across America, the ACLU wins far more often than we lose.
What are some cons about ACLU? ›
Their opponents say the ACLU is a left-wing organization that uses the courts to subvert the Constitution, protect criminals, and attack religion. They contend that the ACLU advances an extremist agenda, and is a threat to the United States.
Why is ACLU good? ›
The ACLU challenges intolerance and bigotry wherever we find it. We work to root out any and all attempts to deny people the equal protection under the law that the Constitution guarantees. We are a citizen-supported organization with card-carrying members from every corner of the United States.
What does Section 5 of the 14th Amendment mean? ›
Maltz. Distinguished Professor of Law at Rutgers University - Camden. Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.
The 14th Amendment says Americans who take an oath to uphold the Constitution but then “engaged in insurrection” are disqualified from holding future public office. The amendment's key provision, Section 3, says in part: “No person shall … hold any office … under the United States …
What does the 14th Amendment say about citizenship? ›
Fourteenth Amendment, Section 1: 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.
How effective was the 14th Amendment? ›
The Fourteenth Amendment declared de jure equality, but in almost every southern state that declaration was ignored and blatantly violated. The northern states, though they did not pass legislation limiting the rights of African Americans, also ignored the amendment's instructions for the most part.
How the 14th Amendment has affected civil liberties in the United States? ›
Introduced to address the racial discrimination endured by Black people who were recently emancipated from slavery, the amendment confirmed the rights and privileges of citizenship and, for the first time, guaranteed all Americans equal protection under the laws.
What rights does the ACLU defend? ›
These include the right to freedom of speech and assembly, the right to religious freedom, due process of law, equality before the law and the right to privacy. The ACLU also relies on state constitutional provisions and federal and state laws that further these and similar rights.
Does the 14th Amendment protect rights? ›
Among them was the Fourteenth Amendment, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.” When it was adopted, the Clause was understood to mean that the government could deprive a person of rights only according to law applied by a court.
Which Amendment protects civil liberty? ›
The First Amendment freedoms of speech, assembly, press, and religion are examples of civil liberties that we exercise frequently in our daily lives.
What is the difference between civil rights and civil liberties? ›
In short, civil liberties protect an individual's personal freedoms, whereas civil rights advance specific standards of equality. The First Amendment's guarantee of freedom of speech, which safeguards an individual's right to express opinions without government censorship, is a textbook civil liberty.
What civil liberties are protected by the Constitution? ›
Civil rights and civil liberties are the rights enumerated in the U.S. Constitution, Federal statutes, and regulations, including freedom from discrimination on the grounds of race, sex, religion, national origin, age, disability, or genetic information, freedom of speech, free exercise of religion, due process of law, ...
