{"id":30952,"date":"2016-04-04T20:34:01","date_gmt":"2016-04-05T01:34:01","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-legal\/constitution\/amendment14\/annotation01.html"},"modified":"2026-09-11T13:01:54","modified_gmt":"2026-09-11T18:01:54","slug":"annotation01","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment14\/annotation01.html","title":{"rendered":"Birthright Citizenship Under the Fourteenth Amendment"},"content":{"rendered":"\n
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Birthright Citizenship Under the Fourteenth Amendment<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The citizenship clause<\/span> of the Fourteenth Amendment<\/span> establishes birthright citizenship<\/span> for nearly everyone born on U.S. soil<\/span>. In its 2026 decision, Trump v. Barbara<\/span><\/em>, the Supreme Court<\/span> definitively affirmed this principle, holding that children born in the United States<\/span> to parents who are unlawfully or temporarily present are “subject to the jurisdiction” of the U.S. and are citizens from birth. The only recognized exceptions are for children of foreign diplomats<\/span> and those born during a hostile enemy occupation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

After the\u00a0Civil War<\/span>, the nation faced the challenge of Reconstruction. The Southern states\u2019 attempt to secede from the Union had failed, and the Emancipation Proclamation had transformed their societal structure.<\/p>\n

With the abolition of slavery, the legal status of four million formerly enslaved individuals was immediately altered. The nation stood in a new place, without a framework to guide it forward. Historians call this period the Reconstruction Era.\u00a0<\/p>\n

During this time, Congress had several tasks to unify the nation.\u00a0One of their main tasks was articulating the legal rights of the formerly enslaved population, particularly in the South.\u00a0They needed to ensure this population enjoyed\u00a0equal protection<\/span>\u00a0under the law. The power dynamics between the formerly enslaved and their former owners did not change overnight.\u00a0<\/p>\n

President Lincoln issued the Emancipation Proclamation<\/u><\/a> during the war under his war powers, but that was insufficient to change the legal status of the formerly enslaved. The federal government had to intervene.<\/p>\n

An earlier U.S. <\/span>Supreme Court<\/span> decision, Dred Scott v. Sandford<\/span>,<\/u><\/em><\/a> held that enslaved persons descended from Africans were not American citizens.\u00a0Congress also had to address the pervasive racial discrimination that the formerly enslaved faced.\u00a0They tried with the Civil Rights Act of 1866<\/u><\/a>, but it was insufficient to address all the issues this population faced. Numerous state governments in the South exhibited hostility towards the concept of equality, enacting legislation that aimed to curtail the rights of formerly enslaved individuals.<\/p>\n

Finally, Congress had to address the rights of these new citizens.\u00a0The ratification<\/span> of the Fourteenth Amendment<\/span><\/u><\/a> helped them accomplish these goals and more.<\/p>\n

The Fourteenth Amendment<\/span> is a sweeping amendment that has shaped American life since Reconstruction. The Fourteenth Amendment<\/span> has been at the center of many important civil rights cases, including desegregation in public schools (Brown v. Board of Education<\/u><\/em><\/a>) and marriage equality (Obergefell v. Hodges<\/u><\/em><\/a>).<\/p>\n

This amendment contains several clauses, each addressing a separate issue, such as due process of law.\u00a0These clauses include the following:<\/p>\n