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.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age , and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
But Congress may by a vote of two-thirds of each House, remove such disability. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
Section 4 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
Section 5 The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Blog Post Battle for the Constitution: Week of November 1st, Roundup Here is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in…. Educational Video Voting Rights Amendments Advanced Level In this session, students learn about voting rights in America through a historical exploration of the right to vote in America.
Prior to the Civil War, both state and national citizenship were the subjects of considerable controversy. State citizenship was especially important for practical purposes because it gave access to the jurisdiction of the federal courts that was based on diversity of citizenship, and because Article IV secured certain rights to the citizens of one state who were present in another. Different theories of citizenship were developed.
One view was that national citizenship was dependent on state citizenship, so that those who were state citizens under state law, and only those people, were citizens of the United States. This view raised a question concerning those born or resident in the District of Columbia, or in a federal territory.
Another view was that federal law implicitly provided a rule that identified citizens of the United States, for example the rule of citizenship by birth. Chief Justice Taney concluded that Scott was not a citizen of any state for purposes of the diversity jurisdiction because the Constitution implicitly limited both state and national citizenship on racial grounds, generally excluding individuals like Scott who were of African descent.
The Republican Party strongly opposed Dred Scott , in which the Chief Justice also stated that Congress could not bar slavery from the federal territories. At the end of the Civil War, the Republican Party was in control of the 39 th Congress, which started its first session in December , at a time when the former Confederate states had formed new, white-dominated governments that restricted the rights of former slaves.
The statute thus forbade race discrimination among citizens with respect to various legal benefits then called civil rights, but did not dictate the full content of all the rights of citizens. The Fourteenth Amendment as drafted by the Joint Committee on Reconstruction in the spring of did not explicitly deal with citizenship. The Senate added what is now the first sentence, which grants both national and state citizenship in language quite similar to that of the Civil Rights statute, and the House agreed to the amendment.
The basic principle of a federal rule of race-blind citizenship based on birth and naturalization was not in much dispute, although there was some debate about the restriction of the grant of citizenship to persons subject to the jurisdiction of the United States.
The Citizenship Clause has given rise to several controversies. Does the grant of citizenship bring with it any particular legal benefits, and if so what are they? Are these benefits, whatever they might be, to be defined and enforced exclusively by courts? If there is such a congressional power, does it encompass authority to define rights of citizenship applicable against other private persons?
When adopted, that clause, which was drafted against the backdrop of the Civil Rights Act, was clearly understood to withhold birthright citizenship from the American-born children of foreign diplomats present in this country, because under international law diplomats and their families were largely immune from the legal control and the courts of their host country.
Constitution and Bill of Rights the first ten amendments only applied to the actions and laws of the federal government, not to those of state governments. This meant that different sets of rights were linked to state citizenship versus federal citizenship.
Before , though, states had wide discretion in deciding whether to recognize the rights and liberties linked to federal citizenship. This changed with the American Civil War. The war created the policy window that made the adoption of the 13th prohibiting slavery, adopted , 14th and 15th Amendments right to vote regardless of race, adopted more likely.
The racialized debates surrounding slavery and citizenship from to the eve of the war also made the adoption of these amendments — according to former Supreme Court Justices William Brennen and Thurgood Marshall — necessary to improve the U. Although the contours of American citizenship were not precisely defined before , federal laws such as the Naturalization Act of and Missouri Compromise of as well as Supreme Court decisions such as Dred Scott v.
Sandford from largely limited federal citizenship and linked rights to non-Hispanic whites and excluded African Americans, Native Americans and other racial minorities. The implications of this were dire.
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