14th Amendment

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Here is some detail from the author of the amendment to the constitution and his speeches, explaining the reason. I also refer to immigration laws and treaties to get a sense of their intent when drafting this amendment to the constitution. The purpose of this amendments was to prevent another Civil War by empowering the federal government. Many White people supported the Union in the south, but were living under a dictatorial regime, their state citizenship could be stripped, property seized or even worse.

The 14th amendment does not look like it was about giving us freedom or birth right citizenship. It is unclear if we even have citizenship.

Naturalization Process in U.S.: Early History

Written by Eilleen Bolger. The first naturalization act, passed by Congress on March 26, 1790, provided that any free, white, adult alien, male or female, who had resided within the limits and juri…

socialwelfare.library.vcu.edu

The first naturalization act, passed by Congress on March 26, 1790 (1 Stat. 103), provided that any free, white, adult alien, male or female, who had resided within the limits and jurisdiction of the United States for a period of 2 years was eligible for citizenship. Under the act, any individual who desired to become a citizen was to apply to “any common law court of record, in any one of the states wherein he shall have resided for the term of one year at least.” Citizenship was granted to those who proved to the court’s satisfaction that they were of good moral character and who took an oath of allegiance to the Constitution. Under the system established by the act, aliens could be naturalized not only in Federal courts, but also in State and local courts, and the children of successful applicants, if under 21 years of age, automatically became citizens.

The immigration laws and the 14th amendment are linked together, those trying to interpret the 14th amendment has to look at these laws to understand what the environment was for the author of this Constitutional Amendment. There were many slaves that were born in Africa and brought to the United States, these people would have to be naturalized to become citizens.

The act of 1802 was the last major piece of naturalization legislation during the 19th century. A number of minor revisions were introduced, but these merely altered or clarified details of evidence and certification without changing the basic nature of the admission procedure. The most important of these revisions occurred in 1855, when citizenship was automatically granted to alien wives of U.S. citizens (10 Stat. 604), and in 1870, when the naturalization process was opened to persons of African descent (16 Stat. 256).

Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

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The entry of the Chinese into the United States was, to begin with, legal and uncomplicated and even had a formal judicial basis in 1868 with the signing of the Burlingame Treaty between the United States and China. But there were differences compared with the policy for European immigrants, in that if the Chinese migrants had children born in the United States, those children would automatically acquire American citizenship. However, the immigrants themselves would legally remain as foreigners "indefinitely". Unlike European immigrants, the possibility of naturalization was withheld from the Chinese.

United States v. Wong Kim Ark​

United States v. Wong Kim Ark - Wikipedia

en.wikipedia.org

I think many legal scholars misinterpret the 14th amendment. I believe the intent was to ensure that you could not claim citizenship to the Confederacy which is what happened. Before the 14th amendment, a state could simply secede with little effort.

It was an accepted practice for Chinese immigrants to live here all their life without gaining citizenship. They abolished slavery, but left us in a status similar to Chinese immigrants. The Immigration and Naturalization act of 1790 blocked naturalization for us since we were not white.

Realizing that a bunch of slaves were going to be freed, they also wrote the 14th amendment to proactively block slaves citizenship. You could be born to parents that are citizens or parents that have successfully naturalized as citizens. A freed slave would have to naturalize which they couldn't because they were not white.

Many slaves were not even born in the United States because the transatlantic slave trade never ended. They did a movie about this called Amistad. You have been hoodwinked and fooled into thinking you are citizens.

 

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All people born (to persons that were citizens) within the United States or who have gone through the legal process of naturalization (racially restricted to whites) are considered citizens of the United States

Being born to persons that were citizens or naturalizing, which was racially restricted based on race blocked other non-European groups from becoming citizens.

Burlingame Treaty - Wikipedia

en.wikipedia.org

1868
Allowed Chinese immigrants to come to the United States, but did not give them birthright citizenship or allow their parents to naturalize as citizens versus European immigrants. The same year, the 14th amendment was ratified. Why would you just allow them to come here like European immigrants, why would you need a treaty with another country on immigration?

United States v. Wong Kim Ark - Wikipedia

en.wikipedia.org

If Congress wanted to give citizenship to freed slaves they would first remove this racial barrier to naturalization since many slaves were born outside the United States. It was to block states from stripping state citizenship and protect pro-union citizens.

Before and during the Civil War, the Southern states prohibited speech of pro-Union citizens, anti-slavery advocates, and northerners in general, since the Bill of Rights did not apply to the states during such times. During the Civil War, many of the Southern states stripped the state citizenship of many whites and banished them from their state, effectively seizing their property.

You could lose your Georgia citizenship by giving anti slavery speeches. It was about protecting them with the 14th amendment.

 

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One country, one Constitution, and one people. Speech of Hon. John A. Bingham, of Ohio, in the House of representatives, February 28, 1866, in support of the proposed amendment to enforce the bill of rights : Bingham, John Armor, 1815-1900 : Free Dow

8 p. 24 cm

archive.org

Representative John Bingham ramblings:








Just as I suspected, after doing some extensive research, it was about protecting the white minority that was pro union in the South for being retaliated against after admitting these states back with a Confederate majority. Before, the national government was powerless to stop states from stripping citizenship for people that were against slavery. No mention of any birthright citizenship or anything for us.

He also made the distinction between persons and citizens.

 

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Civil Rights Act of 1866 (Citizenship Clause)

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.

The Court held that United States citizenship was enjoyed by only two classes of people: (1) White persons born in the United States as descendants of persons, who were at the time of the adoption of the Constitution recognised as citizens in the several States, [and who] became also citizens of this new political body, the United States of America, and (2) those who, having been born outside the dominions of the United States, had migrated thereto and been naturalized therein.2

This is what born meant back in the day, that you were a descendent of citizens or you naturalized. Born in the United States did not mean your physical presence in the country at birth. This is consistent with how the immigration laws were written and how they treated Chinese immigrants., if your parents were unable to successfully naturalize, that meant you couldn't be a citizen of the United States.

There was still a racial restriction to naturalization. Do your own research and don't rely on the interpretation by so-called legal scholars or caselaw to determine your citizenship status. Citizenship is too critical to be left to the whims of the Supreme Court.

 

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Citizen
Person

Here you can see the author of the 14th amendment, making a clear distinction between citizens, which can only be whites as a descendant of a paternal citizen or naturalization which had a racial restriction.

Then there is persons which is slaves. You can be a colored citizen of a state and a 'person' with the US government. You wouldn't be a citizen because of the racial restrictions on naturalization.

An undocumented immigrant, crossing the border and traveling to a southern state has Constitutional rights as a 'person'. They can't become slaves and have free speech rights, no southern state could take that away from them.

At the time, citizenship was determined at the state level.

 

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It is the power in the people, in the whole people of the United States, by express authority of the Constitution to do that by congressional enactment which hitherto they have not had the power to do, and have never even attempted to do; that is, to protect by national law the privileges and immunities of all the citizens of the Republic and the inborn rights of every person within its jurisdiction whenever the same shall be abridged or denied by the unconstitutional acts of any State.

This amendment takes from no State any right that ever pertained to it. No State ever had the right, under the forms of law or otherwise, to deny to any freeman the equal protection of the laws or to abridge the privileges or immunities of any citizen of the Republic, although many of them have assumed and exercised the power, and that without remedy

Here you can see Representative John Bingham making that distinction between Freeman and citizens. These were overtly racist, vile people after reading their speeches.