Zoe Hurwitz, 3, of Chica, held by her mother Gretta Hurwitz, smiles Thursday, July 4, 2002, as she is sworn in as a U.S. citizen. The naturalization ceremony was held at Monticello, the birthplace of Thomas Jefferson, in Charlottesville, Virginia. Seventy others were sworn in as well. (Photo: Andrew Shurtleff, The Daily Progress/ AP Wide World)

A citizen is a participatory member of a political community. Citizenship is gained by meeting the legal requirements of a national, state, or local government. A nation grants certain rights and privileges to its citizens. In return, citizens are expected to obey their country's laws and defend it against its enemies.

The value of citizenship varies from nation to nation. In some countries, citizenship can mean a citizen has the right to vote, the right to hold government offices, and the right to collect unemployment insurance payments, to name a few examples.

Living in a country does not mean that a person is necessarily a citizen of that country. Citizens of one country who live in a foreign country are known as aliens. Their rights and duties are determined by political treaties and by the laws of the country in which they stay. In the United States, aliens must obey the laws and pay taxes, just as U.S. citizens do. They must register with the U.S. government to obtain legal permission to stay for an extended length of time. Legal aliens are entitled to protection under the law and to use of the courts. They may also own property, carry on business, and attend public schools. But aliens cannot vote or hold government office. In some states they are not allowed to practice certain professions until they become citizens.

Under United States law, a noncitizen national is a person who is neither a citizen nor an alien but who owes permanent loyalty to the United States. People in this category have some but not all of the rights of citizens. For example, inhabitants of a United States territory may not have the right to vote. Noncitizen nationals of the United States include those people on the Pacific islands of American Samoa who were born after the territory was taken over by the United States in 1900.

Every nation provides ways of becoming a citizen. For most people citizenship is a matter of birth. For others it may be acquired through a process known as naturalization.

Two rules are used to determine citizenship by birth: (1) jus sanguinis ("law of the blood"); and (2) jus soli ("law of the soil"). Under jus sanguinis, children take their parents' nationality regardless of where they are born. For example, a child born to Italian parents in Britain is a citizen of Italy. On the other hand, the rule of jus soli says that children are citizens of the nation in which they are born, no matter what the parents' nationalities are. Thus a child born to Italian parents in Britain is also a citizen of Britain. Since most nations apply both of these rules, a person can become a citizen of two nations. This is called dual citizenship.

Dual citizenship can result from naturalization, which is the legal way in which people change their citizenship. Internal law protects naturalized citizens as long as they live in their new country. But they may lose their new citizenship if they return to the country of their birth and remain for a long time. In wartime, a serious problem could arise if both countries demand their services in the armed forces.

The United States Constitution, drafted in 1787, did not explain citizenship, but it did mention "citizens of the States" and a "citizen of the United States." Citizens of the United States became entitled to the rights guaranteed to them by the Constitution and its later amendments. Among these rights were the right to vote, own property, seek elective office, and to be protected by the laws of the land.

Because the young United States followed British common law, it accepted the rule of jus soli, or place of birth. As early as 1790, Congress recognized the rule of jus sanguinis, or blood relationship, by passing laws giving citizenship to a child born in a foreign country if the father was a citizen of the United States.

The first official written explanation of American citizenship was included in the 14th Amendment to the Constitution (1868). Section 1 of this amendment declares that "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." The wording of this amendment places national citizenship before state citizenship. In other words, an American is first a citizen of the United States and then a citizen of the state in which he or she lives. Citizens are entitled to the rights granted by both the national government and their own state's government.

The 14th Amendment was passed to guarantee citizenship to blacks who were freed from slavery after the Civil War (13th Amendment, 1865). The amendment made the rule of jus soli (place of birth) a law for all U.S. citizens. This means that any child born in the United States becomes a citizen at birth, even if its parents are aliens. (However, the rule does not apply to children born to foreign diplomats or United Nations officials.)

The 14th Amendment does not include jus sanguinis. American citizenship acquired at birth in a foreign nation is usually determined by the law that is in effect at the time the child is born. The Immigration and Nationality Act of 1952, amended in 1965, 1976, and 1978, gives the requirements.

For a child born on or after December 24, 1952, both parents must have been American citizens. In addition, one parent must have lived in the United States for ten years (and for at least five years after the age of 14) before the birth of the child.

The U.S. Constitution gives Congress the power to make naturalization laws for the United States. No state can give citizenship to aliens.

A person can become a naturalized citizen of the United States individually or as part of a group. Generally any person who has come into the United States as an immigrant may become a naturalized citizen. To do so, a person must be over 18 years old and must have lived in the United States for five years, without leaving for more than a total of 30 months (and not more than twelve consecutive months) throughout that five-year period.

People who wish to become U.S. citizens must file a petition for naturalization and take an examination that shows that they can read, speak, and write simple English and have a fair knowledge of American history, government, and the Constitution. They must be able to prove that they are of good, moral character. Two American citizens whom they know well must verify that the applicant will be a good citizen and loyal to the United States.

Once an applicant has passed the requirements and examination, he or she may become a U.S. citizen by taking an oath of allegiance. Group naturalization ceremonies often take place on September 17--Citizenship Day. Naturalized citizens are entitled to all of the rights granted to natural-born citizens, except they may not become president or vice president of the United States.

Congress has granted honorary citizenship, an extremely high honor, to only two foreigners. Sir Winston Churchill, who was prime minister of the United Kingdom, was the first to receive this honor in 1963. Raoul Wallenberg, a Swedish diplomat who rescued tens of thousands of Hungarian Jews during World War II, received the honor in 1981.

Most nations permit individuals to give up their citizenship. This act, known as expatriation, means that a person no longer wants the rights and responsibilities of citizenship in a particular country. Such a person may then become a citizen of another country or may become a stateless person (one without a country). If U.S. citizens wish to give up their citizenship, they must declare this on a form provided by the secretary of state.

A citizen of the United States loses U.S. citizenship by becoming a citizen of a foreign country unless a special exception is made by the State Department. A person can also lose U.S. citizenship for serving in the armed forces of, or holding office in, a foreign government. U.S. citizenship can also be taken away from people who have been convicted of a major federal crime, such as treason. But people cannot lose their citizenship for something they were forced to do. A person who is forced to serve in a foreign army, for example, will not lose U.S. citizenship.

Interestingly, Robert E. Lee, one of the greatest generals of all time, lost his U.S. citizenship when he took command of the Confederate forces during the American Civil War. Due to a mistake, his citizenship was not restored to him until Congress acted on the matter in July 1975.

The idea of citizenship came into being many centuries ago. In the ancient city-state of Athens, citizenship was granted to males of certain classes. Citizenship was also granted to a few foreigners and freed slaves. Citizenship meant that a man could vote, hold office, serve on committees and juries, and give military service. He was also expected to share the work of government. Women, slaves, and practically all foreigners were protected under the law but had few of the rights and privileges of Athenian citizens.

Citizenship was also important to the people of ancient Rome. Roman citizens often took part in their government. Roman citizenship was extended to foreign soldiers serving in the army and to men of conquered lands. By A.D. 212 almost all of the men in Roman provinces, except slaves, were citizens.

After the fall of the Roman Empire, in the 400's, the idea of citizenship became less important for many centuries. The feudal system spread through western Europe in the Middle Ages. This system was based on services and loyalty to a higher person in exchange for his protection. Millions of serfs worked the land for lords. The lords owed their allegiance to overlords. The overlords in turn were controlled by the king. In this system the king and nobles, rather than any government independent of these rulers, gave the people rights and privileges.

By the 1600's some kings had made many small states into nations. The common people no longer owed allegiance, or loyalty, to the nobles in their immediate region. Their first allegiance now was to the king. They began to take pride in their whole country. They also began to feel that they should have a voice in their country's government. As these changes took place, people started thinking of themselves as citizens of a nation as well as the loyal subjects of their king.

Today, most people place a high value on their citizenship. They know that when they pledge allegiance to their flag, they are willing to fulfill specific obligations to their country and will be granted many rights and privileges in return.

Ward Whipple
Editor, Civic Leader

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