Birthright simply interprets as “citizenship by place of birth.” Citizenship rights are inherently a complex topic in diplomatic relations between nations. More than any other, the United States, a nation formed by many races, places a significant emphasis on citizenship rights since its founding days.
In general legal theory, the establishment of citizenship rights in every country worldwide is based on two fundamental concepts: “Jus Sanguinis” (right of blood) and “Jus Soli” (right of soil).
“JUS SANGUINIS” AND “JUS SOLI”
“Jus Sanguinis” means the right of bloodline. Essentially, it grants automatic citizenship to children born to a citizen parent. This concept is universally recognized across countries.
“Jus Soli” means the right of soil, where citizenship is granted based on place of birth. Many countries apply this concept to grant citizenship to individuals born within their territory. Currently, 30 countries, including the United States, adhere to this principle.
While the implementation of “Jus Sanguinis” in citizenship laws is generally straightforward, the application of “Jus Soli” often varies depending on specific historical circumstances in each country.
THE FOUNDATIONAL CONCEPT OF BIRTHRIGHT CITIZENSHIP IN THE UNITED STATES INITIALLY APPLIED ONLY TO WHITE PEOPLE.
In 1787, the U.S. Constitution defined citizens as those born or naturalized in the U.S. and subject to its jurisdiction. Even after gaining independence, the U.S. continued to receive waves of immigrants from Europe. The Naturalization Act of 1790 stated, “That any Alien being a free white person, who shall have resided within … the United States for the term of two years, may be admitted to become a citizen.” This law also required immigrants to demonstrate good moral character and swear allegiance to the U.S. Constitution.
The 1790 law allowed for the children under 21 years of age of these immigrants, even if not born in the U.S., to be granted citizenship. The law was amended in 1795, increasing the residency requirement to 5 years, a standard that persisted for many years.
During this time, neither enslaved individuals nor Native Americans were affected by these naturalization laws. They were not considered U.S. citizens. Ironically, Native Americans were the true indigenous owners of the Americas, with advanced civilizations like the flourishing Inca. Africans forcibly brought to the Americas as slaves faced a harsh reality of exploitation and discrimination. These historical truths underscore the deep-seated racial prejudices shaping American society.
Less known is the discrimination among white European immigrants themselves. English and Irish Catholics faced discrimination from Protestant English and Scots-Irish settlers. This initial discrimination against immigrants challenged the concept of citizenship from the early days of the North American Republic.
One of the earliest cases involving birthright citizenship and racial discrimination among whites was Lynch v. Clarke in 1844. Judge Lewis Sandford ruled that a girl born in New York to Irish immigrants was a U.S. citizen. He argued, “By the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen.”
However, the U.S. legal system did not apply “Jus Soli” to non-white individuals during this period.
THE CIVIL WAR CHANGES CITIZENSHIP LAW FOR AFRICAN-AMERICANS
In the 1857 case of Dred Scott v. Sandford, Dred Scott, a descendant of African slaves born in the U.S., was denied citizenship. Chief Justice Roger B. Taney ruled that no African descendant, whether enslaved or free, could be a U.S. citizen even if born in the U.S.
However, the outcome of the Civil War, with the Northern Union’s victory against slavery, brought about a shift in attitudes toward African Americans. In 1864, U.S. Attorney General Edward Bates connected birthright citizenship with African American soldiers serving in the Union Army, asserting that all free people of color born in the U.S. were citizens. Post-war, Congress passed civil rights laws granting citizenship to all born in the U.S. and not subject to any foreign power’s jurisdiction.
Through the social development following the Civil War, the U.S. Constitution, the nation’s highest legal document, updated citizenship status with the 14th Amendment.
(to be continued…)
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