The concepts of natural-born citizenship and birthright citizenship are often used interchangeably, but they have distinct meanings in the context of United States citizenship.
Birthright citizenship refers to the automatic acquisition of citizenship by birth within a country's territory, regardless of parentage. [1] This is guaranteed by the 14th Amendment of the US Constitution, which states that "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." [2]
Natural-born citizenship, on the other hand, is a specific type of citizenship acquired by birth, where the individual is a citizen from birth due to being born in the United States or being born abroad to parents who are United States citizens at the time of birth. [3] This implies a stronger connection to the United States, as the individual is born to citizen parents or on US soil.
The key distinction between the two lies in the parentage requirement. While all individuals born in the United States are birthright citizens, not all birthright citizens are natural-born citizens. [4] For example, a child born in the United States to non-citizen parents is a birthright citizen but not a natural-born citizen.
This distinction is significant in the context of eligibility for the presidency, as natural-born citizenship is a requirement for holding that office. [5] The Supreme Court has not explicitly defined natural-born citizenship, but it has established that birthright citizenship is not the same as natural-born citizenship. [6]
References:
[1] United States v. Wong Kim Ark, 169 U.S. 649 (1898)
[2] 14th Amendment, US Constitution
[3] Perkins v. Elg, 307 U.S. 325 (1939)
[4] Congressional Research Service, "Qualifications for President and the 'Natural Born' Citizenship Clause" (2011)
[5] Article II, Section 1, US Constitution
[6] United States v. Wong Kim Ark, 169 U.S. 649 (1898)
The concepts of natural-born citizenship and birthright citizenship are often used interchangeably, but they have distinct meanings in the context of United States citizenship.
Birthright citizenship refers to the automatic acquisition of citizenship by birth within a country's territory, regardless of parentage. [1] This is guaranteed by the 14th Amendment of the US Constitution, which states that "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." [2]
Natural-born citizenship, on the other hand, is a specific type of citizenship acquired by birth, where the individual is a citizen from birth due to being born in the United States or being born abroad to parents who are United States citizens at the time of birth. [3] This implies a stronger connection to the United States, as the individual is born to citizen parents or on US soil.
The key distinction between the two lies in the parentage requirement. While all individuals born in the United States are birthright citizens, not all birthright citizens are natural-born citizens. [4] For example, a child born in the United States to non-citizen parents is a birthright citizen but not a natural-born citizen.
This distinction is significant in the context of eligibility for the presidency, as natural-born citizenship is a requirement for holding that office. [5] The Supreme Court has not explicitly defined natural-born citizenship, but it has established that birthright citizenship is not the same as natural-born citizenship. [6]
References:
[1] United States v. Wong Kim Ark, 169 U.S. 649 (1898)
[2] 14th Amendment, US Constitution
[3] Perkins v. Elg, 307 U.S. 325 (1939)
[4] Congressional Research Service, "Qualifications for President and the 'Natural Born' Citizenship Clause" (2017)
[5] Article II, Section 1, US Constitution
[6] United States v. Wong Kim Ark, 169 U.S. 649 (1898)