When did the US define citizenship?

Asked by: Jamison Brakus  |  Last update: March 31, 2026
Score: 4.4/5 (3 votes)

U.S. citizenship was established with the Constitution in 1787, granting status retroactively to 1776, but its definition evolved significantly, with the 14th Amendment (1868) defining birthright citizenship (all born or naturalized in the U.S. are citizens) and the Naturalization Act of 1790 setting early rules (limited to "free white persons"). Key milestones include the 1790 Act for initial naturalization, the 1868 14th Amendment for birthright citizenship, and later laws expanding rights, making citizenship a continuously developing concept.

When did citizenship become a thing in the United States?

Citizenship and nationality, however, was not specified in the original Constitution. In 1868, the Fourteenth Amendment specifically defined persons who were either born or naturalized in the United States and subject to its jurisdiction as citizens.

How was US citizenship defined before the 14th Amendment?

A native born citizen, before the Fourteenth Amendment, was therefore a citizen of a State, first, and then a citizen of the United States. [Footnote 2] So one who was a citizen of a State was also a citizen of the United States; that is, a citizen of a State AS WELL AS a citizen of the United States.

When did the concept of citizenship originate?

While there is disagreement about when the relation of citizenship began, many thinkers point to the early city-states of ancient Greece, possibly as a reaction to the fear of slavery, although others see it as primarily a modern phenomenon dating back only a few hundred years.

How did the founding fathers define citizenship?

Section 1 of the 14th Amendment states, “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.” All three branches of government have long interpreted this language to signal a broad grant of citizenship.

How Does The Constitution Define Citizenship? - Stories of the States

17 related questions found

When were non-whites allowed to be citizens?

Non-white people could become U.S. citizens through birthright (14th Amendment, 1868), naturalization for people of African descent (1870), or gradually through evolving laws, though significant racial restrictions on naturalization (like for Asians) weren't fully removed until the 1952 McCarran-Walter Act, finally allowing most non-white individuals to naturalize based on criteria beyond race. 

Does the Constitution does not define the term citizen?

5 The Indian Constitution does not define citizenship. It describes classes of person, who became automatically the citizens of India at the time of the commencement of the Constitution. It is the Parliament who has an authority to make law on citizenship.

Why do illegal immigrants not get citizenship?

Illegal immigrants don't become citizens because the U.S. immigration system has narrow pathways, often requiring family or employer sponsorship, or specific humanitarian grounds, none of which apply to most undocumented people; even if they have lived in the U.S. for years, they often can't "get in line" due to existing laws and fear deportation if they leave, creating a cycle where they are stuck in legal limbo without a path to legal status or citizenship. 

Does the United States allow dual citizenship?

Yes, the U.S. allows dual citizenship, meaning you can be a citizen of the United States and another country simultaneously, as U.S. law doesn't prevent it, but it recognizes potential complexities and obligations to both nations, requiring use of a U.S. passport for entry/exit and adherence to both countries' laws.
 

Who gave the idea of citizenship?

The thesis explores the distinctive role of Aristotle's conception of citizenship in ancient Greece. Citizenship is a political identity and is the ultimate end of the individuals in city-state. The reason why we work on Aristotle's concept of citizenship depends on the values he gives to the identity of its citizens.

How did the 14th Amendment redefine the concept of citizenship in the United States and what groups were included or excluded in practice?

Supreme Court Interpretations of the Fourteenth Amendment

Wong Kim Ark established the explicit precedent that anyone born in the United States, regardless of their parent's immigration status, is a citizen at birth.

What does article 7 of the US Constitution say?

Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states' conventions needed to approve it for the Constitution to become the law of the land, establishing a pathway for the new government to take effect without requiring unanimous consent from all states, which had previously stalled the Articles of Confederation.
 

Can you be born in the U.S. and not be a citizen?

The Fourteenth Amendment became the basis for landmark Supreme Court rulings over the years addressing birthright citizenship. Most notably, the 1898 ruling in United States v. Wong Kim Ark established the explicit precedent that any person born in the United States is a citizen by birth.

What year did America allow dual citizenship?

He summed up by condemning Congress for “creat[ing] indeed a second-class citizenship.” Dual nationality gained significant protection from that decision. But it was the overruling of Perez in 1967 that really led us into the modern era of constitutional protection for dual nationality.

What are the 7 types of citizenship?

The following are the different types of citizenship:

  • Citizenship by Birth (Jus Soli)
  • Citizenship by Descent (Jus Sanguinis)
  • Citizenship by Naturalization.
  • Citizenship by Marriage.
  • Dual Citizenship.
  • Citizenship by Investment.
  • Citizenship by Ancestry.
  • Citizenship by Adoption.

How many US citizens renounce their citizenship every year?

Each year, 5,000 to 6,000 Americans renounce U.S. citizenship mostly for tax-related and logistical reasons but politics is now playing a more central role, lawyers say.

What is the new citizenship law 2025?

Major U.S. citizenship changes in 2025 include the new 2025 Civics Test, requiring more questions and a higher passing score for naturalization applicants filing after October 20, 2025, alongside stricter Good Moral Character (GMC) reviews focusing on positive community contributions, not just absence of negative behavior, with potential neighborhood investigations. Additionally, legislation like the proposed Birthright Citizenship Act of 2025 seeks to redefine birthright citizenship, though it's not yet law. 

Which countries don't allow dual citizenship with the USA?

Countries that generally prohibit dual citizenship with the U.S. include China, India, Japan, Singapore, Saudi Arabia, UAE, Malaysia, and Nepal, often requiring individuals to choose one nationality, while others like Austria, Germany, and Slovakia have restrictions or require special permission, forcing some U.S. citizens to renounce their other citizenship to maintain U.S. status or vice versa. The U.S. allows dual nationality, but the other country sets its own rules, with some countries like China and India not recognizing it at all, leading to automatic loss of their citizenship upon naturalizing as a U.S. citizen. 

Can a U.S. citizen be denied entry back into the USA?

No, a U.S. citizen generally cannot be denied entry back into the United States, but they can face significant delays, extensive questioning, searches of belongings (including electronic devices), or even arrest if criminal issues are discovered during the process, especially with a valid U.S. passport. While a citizen has the right to enter, CBP can detain devices for deeper inspection under border search exceptions, though they can't force a password for a U.S. citizen. 

Do immigrants get more welfare than U.S. citizens?

No, research consistently shows that immigrants, particularly non-citizens, use welfare and entitlement programs at lower rates per capita than native-born U.S. citizens, consuming less in benefits like Social Security, Medicare, Medicaid, and food assistance, though naturalized citizens use more due to their older age. While overall immigrant welfare use is lower, households with immigrant parents and U.S.-born citizen children might show higher rates because benefits often go to the children. 

Why don't illegal immigrants just come legally?

Illegal immigrants "can't just come legally" because U.S. immigration laws are restrictive, with few pathways, long waits, high costs, and strict requirements for family, employment, or humanitarian visas, meaning most people lack the necessary connections or resources to qualify for any legal "line," especially when fleeing immediate danger or economic hardship. The existing system prioritizes specific skills, family ties, or persecution claims that most unauthorized migrants don't meet, leaving them with no viable legal route. 

What disqualifies you from being a U.S. citizen?

You can be disqualified from U.S. citizenship for lacking "good moral character," often due to criminal history (especially violent crimes, drug trafficking, or aggravated felonies), serious financial issues (unpaid taxes/support), lying on applications, failing to register for Selective Service, or long absences from the U.S., all of which break residency requirements. Specific offenses like murder, sexual abuse of a minor, or drug trafficking can lead to permanent bars, while other offenses create temporary bars, requiring a waiting period to prove character. 

Is citizenship a privilege or a right?

Citizenship is both a system of privilege and a source of social identity.

What does the 15th Amendment say about citizenship?

The official text is written as such: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have the power to enforce this article by appropriate legislation.

What did the founding fathers say about citizenship?

This history suggests that the Founding Fathers used the term “natural born” as an expansive definition of citizenship, that is, as a way to make certain that people born overseas to American citizens would have the full rights of other American citizens.