Scribd Logo
Upload

Welcome to Scribd!

  • 517 views

    14th Amendment Explained

    Uploaded by

    silverbull8
    The 14th Amendment has been historically misinterpreted regarding its definition of citizenship. It establishes that birth within US territory is not solely determinative, and that jurisdiction is conferred through both territory and parentage. For a child born in the US, the 14th Amendment requires that the birth occur within one of the states and that the child have at least one parent who is a US citizen or owes allegiance to the US. Similarly, for a child born abroad, having one US citizen parent is sufficient for claiming US citizenship according to the Amendment and related laws.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd

    14th Amendment Explained

    Uploaded by

    silverbull8
    517 views1 page
    The 14th Amendment has been historically misinterpreted regarding its definition of citizenship. It establishes that birth within US territory is not solely determinative, and that jurisdiction is conferred through both territory and parentage. For a child born in the US, the 14th Amendment requires that the birth occur within one of the states and that the child have at least one parent who is a US citizen or owes allegiance to the US. Similarly, for a child born abroad, having one US citizen parent is sufficient for claiming US citizenship according to the Amendment and related laws.

    Original Description:

    The 14th Amendment and Citizenship

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The 14th Amendment has been historically misinterpreted regarding its definition of citizenship. It establishes that birth within US territory is not solely determinative, and that jurisdiction is conferred through both territory and parentage. For a child born in the US, the 14th Amendment requires that the birth occur within one of the states and that the child have at least one parent who is a US citizen or owes allegiance to the US. Similarly, for a child born abroad, having one US citizen parent is sufficient for claiming US citizenship according to the Amendment and related laws.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    517 views1 page

    14th Amendment Explained

    Uploaded by

    silverbull8
    The 14th Amendment has been historically misinterpreted regarding its definition of citizenship. It establishes that birth within US territory is not solely determinative, and that jurisdiction is conferred through both territory and parentage. For a child born in the US, the 14th Amendment requires that the birth occur within one of the states and that the child have at least one parent who is a US citizen or owes allegiance to the US. Similarly, for a child born abroad, having one US citizen parent is sufficient for claiming US citizenship according to the Amendment and related laws.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    You are on page 1of 1

    14th Amendment and Citizenship Explained

    Historically the 14th Amendment has been misinterpreted and misapplied since it came
    into existence. The 14th Amendment is not the only definition of citizenship.

    The 14th Amendment of the Constitution, says


    "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."

    Under the 14th Amendment, if the mother and father are not US citizens, then the baby is
    not a US citizen, even if the birth occurred in the USA. True, the 14th Amendment, says
    if a person is born in the USA they can be a US citizen, however the birth must also meet
    the *jurisdiction* requirements of the 14th Amendment.

    The 14th Amendment requires the birth to occur within one of the United States.
    Jurisdiction is conferred by territory and blood.
    It takes the blood of a man and woman to conceive a child.
    Therefore, the 14th Amendment places 3 requirements on the birth (Soil)+(Mother)+
    (Father).

    Jurisdiction I -- Birth within the US


    A child born in one of the states united under the US Constitution, is subject to the
    territorial state laws of the state (locum, jus solis) and the USA (locum, jus solis), but also
    under the joint jurisdiction of his mother's (personam, jus sanguinis) nationality and his
    father's (personam, jus sanguinis) nationality.
    1. If one parent has US nationality, then the child is a dual citizen, but still a citizen.
    2. If both parents have US nationality, then the child is a natural born US citizen,
    meeting Article 2.
    3. If neither parent has US nationality, then the child is the nationality of the parents,
    with a birthplace in the state.

    Jurisdiction II -- Birth outside the US


    A child not born in one of the states united under the US Constitution, is subject to the
    territorial laws of the country (locum, jus solis), but may not be under jurisdiction of the
    USA (locum, jus solis). If one or both parents are US citizens, US Codes will apply. The
    joint jurisdiction of the mother's (personam, jus sanguinis) nationality and the father's
    (personam, jus sanguinis) nationality, will affect the determination of the child's
    nationality.
    1. If one parent has US nationality, then the child is a dual citizen, but still a citizen,
    under US Codes in effect.
    2. If both parents have US nationality, then the child is a natural born US citizen.
    3. If neither parent has US nationality, then the child is the nationality of the parents,
    with a birthplace in the country of birth.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy