Citizenship of the United States

Citizenship in the United States is a status that entails specific rights, duties and benefits. Citizenship is understood as a "right to have rights" since it serves as a foundation for a bundle of subsequent rights, such as the right to live and work in the United States and to receive federal assistance.

There are two primary sources of citizenship: birthright citizenship, in which a person is presumed to be a citizen provided that they are born within the territorial limits of the United States, or other circumstances existing at the time of their birth (for example, citizenship of a parent), and naturalization, a process in which an immigrant applies for citizenship and is accepted. These two pathways to citizenship are specified in the Citizenship Clause of the Constitution's 1868 Fourteenth Amendment which reads:

"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." (14th Amendment)

National citizenship signifies membership in the country as a whole; state citizenship, in contrast, signifies a relation between a person and a particular state and has application generally limited to domestic matters. State citizenship may affect (1) tax decisions and (2) eligibility for some state-provided benefits such as higher education and (3) eligibility for state political posts such as U.S. Senator.

In Article One of the Constitution, the power to establish a "uniform rule of naturalization" is granted explicitly to Congress.

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