United States nationality law

Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Nationality Act of 1952 sets forth the legal requirements for the acquisition of, and divestiture from, American nationality. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to statutory law having been made by the United States Congress in 2001.

Rights and responsibilities of U.S. citizens

Rights of citizens

Adult citizens of the United States who are residents of one of the 50 states or the District of Columbia (Washington, D.C.) have the right to participate in the political system of the United States, as well as their state and local governments (with most states having restrictions on voting by persons convicted of felonies, and a federal constitutional prohibition on naturalized persons running for President and Vice President of the United States), to be represented and protected abroad by the United States (through U.S. embassies and consulates), and to live in the United States and certain territories without any immigration requirements. Felons can vote in over 40 states, and in at least 2 while incarcerated. Felons can also serve jury duty if approved.

Citizenship in the United States

Citizenship in the United States, being a citizen, 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:

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.