Chapter 12 | The Obligations, Responsibilities and Rights of Citizenship 247
In the introduction to this program, you learned what a “citizen” is: a legally recognized member of
a nation like the United States. Such citizenship brings with it obligations, responsibilities and rights.
After the Civil War, leaders in Congress wanted to make it clear that all Americans—including the freed slaves—were U.S. citizens with the same rights as other citizens. This principle was established by the Fourteenth Amendment:
“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 Amendment made it clear that there were actu-ally two paths to U.S. citizenship: (1) by birth; or (2) by becoming a citizen through the naturalization process.
American Citizenship Birthright Citizenship
In fact, there are even two ways to become an Amer-ican citizen at birth, known as “birthright” citizenship:f The “Law of Soil” (jus soli) Any person born on
American soil is automatically an American citizen.
f The “Law of Blood” (jus sanguinis) A baby born in another country is still an American citizen at birth if both parents are American citizens, or if one parent is an American citizen who has lived at least one year continuously in the United States. If the father but not the mother is an American citizen and the parents are not mar-ried, special rules will apply. For the child to qualify for U.S. citizenship, the father has to provide convincing evidence of fatherhood.
The Active CitizenHere is a part of the current law, passed by Congress, on “birthright” citizenship:
“The following shall be nationals and citizens of the United States at birth:(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe . . .
248 Chapter 12 | The Obligations, Responsibilities, and Rights of Citizens
The Fourteenth Amendment provides a second pathway to citizenship: naturalization. This is the process by which someone who does not have U.S. citizenship at birth becomes a U.S. citizen. Those who acquire citizenship through this process are known as “naturalized citizens.”
As early as the Constitutional Convention in 1787, Americans were already thinking of future immi-grants coming to the United States and seeking citi-zenship. Article I, Section 8, of the Constitution gave Congress the power “[t]o establish an uniform Rule of Naturalization.”
A person does not need to become a citizen to law-fully live and work in the United States. Many for-eign nationals—known as “aliens”—are lawful permanent residents. This means they were legally admitted into the United States and have permis-sion to stay and work here. Their lawful permanent
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents, one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States . . .”
—8 U.S. Code §1401
f Sandra’s father works for a large company with offices all around the world. Sandra was born while her parents were living in Costa Rica for more than a year. Her father is a U.S. citizen, but her mother is from Costa Rica and is not a U.S. citizen. Her father grew up overseas and has never actually lived one year continuously in the United States. However, her American grandmother came to Costa Rica when Sandra was born. Based on these facts and the law above, was Sandra a U.S. citizen at birth? Explain your answer.
f James was born overseas while his parents were visiting his father’s parents in Morocco. Both of James’ parents were born overseas, but became naturalized American citizens before James was born. Was James an American citizen at birth? Explain your answer.
f Maria lives in Mexico. Both her parents are Mexican. Maria is a Mexican citizen. She was born in an American hospital while her parents were on a short vacation in San Diego, California. Was Maria an American citizen at birth? Explain your answer.
The Naturalization Process
To become a naturalized citizen of the United States, a person must meet these qualifications:1. be at least 18 years old2. be a lawful permanent resident3. have lived in the United States for five years4. be of “good character”5. have a working knowledge of English
Then the person must take these steps:1. complete an application form2. pass a short test on American history and
government3. swear an oath of allegiance (loyalty) to
the United States in order to receive a “Certificate of Naturalization”
