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Question: How did the Constitution address the question of who is an American citizen?

11 Oct 2022,1:46 AM

 

How did the Constitution address the question of who is an American citizen?
Consider:
Consider who is included, and implicitly excluded, from the Constitution at the time of creation.
Consider the treatment of different groups and how they "fit" into the new nation.
Consider how the message of citizenship relates to contemporary times.

Narrow your focus:
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Define your focus.
Use specific examples from the coursework.

Expert answer

 

The Constitution did not address the question of who is an American citizen. The issue was first addressed by the Naturalization Act of 1790, which defined American citizenship as follows: “The children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens of the United States.”

 

This definition was reaffirmed by the Naturalization Act of 1795, which stated that “the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.”

 

The concept of “natural born citizen” was later codified in 1868 by the Fourteenth Amendment to the Constitution, which provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

 

 

The Fourteenth Amendment has been interpreted to mean that anyone born on U.S. soil is a citizen of the United States, regardless of the citizenship of their parents. This interpretation was affirmed by the Supreme Court in the landmark case of Wong Kim Ark (1898), which held that “a child born in the United States, of parents of Chinese descent, who, at the time of his birth, were subjects of the Emperor of China, but have since been naturalized as citizens of the United States, becomes a citizen of the United States by virtue of his birth within its territory.”

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