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The Fourteenth Amendment is pivotal in defining U.S. citizenship and rights. It guarantees birthright citizenship, outlines conditions for losing citizenship, and protects individual rights through the Privileges or Immunities and Due Process Clauses. Landmark cases have shaped its interpretation, ensuring uniformity and protection against state infringement.
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The Citizenship Clause grants citizenship to all individuals born on U.S. soil, regardless of race, color, or parental origin
State Citizenship
Before the Fourteenth Amendment, citizenship was often associated with state citizenship, but the amendment clarified that U.S. citizenship is a direct relationship with the national government
Inclusivity
The Fourteenth Amendment provided a uniform rule for citizenship that was inclusive of all persons born in the country, regardless of race, color, or parental origin
Birthright citizenship has faced challenges in contemporary discourse, particularly regarding children of unauthorized immigrants and the practice of "birth tourism."
Citizenship can be revoked under certain conditions, such as committing fraud during the naturalization process or serving in a foreign military engaged in hostilities against the U.S
The Citizenship Clause protects citizens from being involuntarily stripped of their citizenship, as established by landmark Supreme Court cases
While Congress has the authority to set conditions for naturalization, it cannot arbitrarily revoke citizenship once lawfully acquired
The Privileges or Immunities Clause is designed to protect the rights of U.S. citizens from state infringement, but its impact has been limited by narrow interpretations
Recent Supreme Court decisions have revisited the clause, with some suggesting a broader interpretation that could enhance its role in protecting individual rights against state encroachment
The Due Process Clause protects individuals from being deprived of life, liberty, or property without fair and proper legal procedures
Due Process encompasses both procedural due process, which requires fair and proper legal procedures, and substantive due process, which protects certain fundamental rights from government interference
The incorporation doctrine has extended the protections of the Bill of Rights to apply to state governments, ensuring a broad spectrum of rights under the Fourteenth Amendment