The Significance of the Fourteenth Amendment: A Historical Overview and Analysis

As we delve into the history of American citizenship, the Fourteenth Amendment stands out as a pivotal moment in the country's journey towards equality and justice. This amendment, ratified in 1868, sought to address the citizenship status of millions of former slaves who were born in the United States and were previously denied full citizenship rights by the Southern States.

Historical Context: Slavery and the Civil War

Before the Fourteenth Amendment, the United States had a complex relationship with the concept of citizenship. Black men fought in significant conflicts such as the Revolutionary War and the War of 1812, and by 1836, virtually all Northern States had abolished slavery. However, in 1857, the Dred Scott decision by the Supreme Court declared that Black people were not citizens and could not be declared free.

Then came the Civil War, during which Black regiments fought bravely in the Northern Army. President Lincoln's Emancipation Proclamation in September 1862 paved the way for the eventual passage of the Thirteenth Amendment, outlawing slavery and involuntary servitude throughout the nation.

The 14th Amendment: Granting Citizenship

Following the end of the Civil War, it became clear that 4 million former slaves were still without citizenship status, even though they were born in the United States. To address this issue, Congress used its constitutional authority to pass the Civil Rights Act of 1866. This act granted citizenship to all persons born or naturalized in the United States and subject to its jurisdiction.

However, the Southern States opposed this, claiming that while these individuals could be American citizens, they were not considered citizens by them. This led to the drafting and ratification of the Fourteenth Amendment, which was designed to ensure that all individuals born or naturalized in the United States were citizens, regardless of race or previous citizenship status.

Key Provisions and Controversies

The first sentence of the Fourteenth Amendment 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.” This clearly states that the individuals in question were granted statutory citizenship, which is similar to the citizenship granted to state citizens at the time of the Constitution's ratification.

However, the Fourteenth Amendment also sparked significant controversy when it was applied. In 1898, Justice Gray of the Supreme Court, a Southern sympathizer, wrote a majority opinion claiming that English common law and the principle of jus soli were always applicable in the United States. This led to the misinterpretation that anyone born in the United States is a citizen.

Modern Controversies and the Presidential Qualification

In more recent times, the concept of birthright citizenship has been a subject of debate, influenced by a 1964 decision and the prevailing educational and academic beliefs. The status of a natural born citizen, as required for the presidency, adds another layer of complexity to the discussion.

For instance, Kamala Harris, like Wong Kim Ark, can only be considered a statutory citizen if her birth satisfies the conditions set forth by the Fourteenth Amendment. Additionally, Article II, Section 1, Clause 5 requires that the President be a natural born citizen, which is a different qualification than mere statutory citizenship.

Conclusion

Understanding the historical context and the provisions of the Fourteenth Amendment is crucial to grasping the complexities of American citizenship. The amendment aimed to ensure equality and justice, but its application has faced numerous challenges and misinterpretations over the years. As the concept of citizenship continues to evolve, it is important to revisit and understand the original intent of this amendment.