Constitutional Topic: Citizenship
The Constitutional Topics pages at the USConstitution.net site are presented to delve deeper into topics than can be provided on the Glossary Page or in the FAQ pages. This Topic Page concerns Citizenship. Citizenship is mentioned in Article 1, Section 2, Article 1, Section 3, Article 1, Section 8, Article 2, Section 1, and in the 14th Amendment and several subsequent amendments.
If you're going to be involved in government in the United States, citizenship is a must. To be a Senator or Representative, you must be a citizen of the United States. To be President, not only must you be a citizen, but you must also be natural-born. Aside from participation in government, citizenship is an honor bestowed upon people by the citizenry of the United States when a non-citizen passes the required tests and submits to an oath.
Natural-born citizen
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: "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." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps. The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.
Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"
Anyone born inside the United States *
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
Separate sections handle territories that the United States has acquired over time, such as Puerto Rico (8 USC 1402), Alaska (8 USC 1404), Hawaii (8 USC 1405), the U.S. Virgin Islands (8 USC 1406), and Guam (8 USC 1407). Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer natural-born status on persons born in those territories after that date. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952). Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States. Note that because of when the law was passed, for some, the natural-born status was retroactive.
The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In 8 USC 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was "declared" to be a United States citizen. Note that the terms "natural-born" or "citizen at birth" are missing from this section.
In 2008, when Arizona Senator John McCain ran for president on the Republican ticket, some theorized that because McCain was born in the Canal Zone, he was not actually qualified to be president. However, it should be noted that section 1403 was written to apply to a small group of people to whom section 1401 did not apply. McCain is a natural-born citizen under 8 USC 1401(c): "a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person." Not everyone agrees that this section includes McCain — but absent a court ruling either way, we must presume citizenship.
U.S. Nationals
A "national" is a person who is considered under the legal protection of a country, while not necessarily a citizen. National status is generally conferred on persons who lived in places acquired by the U.S. before the date of acquisition. A person can be a national-at-birth under a similar set of rules for a natural-born citizen. U.S. nationals must go through the same processes as an immigrant to become a full citizen. U.S. nationals who become citizens are not considered natural-born.
Becoming a citizen
A non-citizen may apply to become a citizen of the United States. At no time will such a person ever be considered natural-born (unless the U.S. Code is changed in some way). The process to become a citizen involves several steps, including applying to become and becoming a permanent resident (previously known as a resident alien), applying to become and becoming naturalized, and finally taking the Oath of Allegiance to the United States. Children of naturalized U.S. citizens generally become citizens automatically, though they will also not be considered natural-born. There is a time constraint before a permanent resident can apply for naturalization, generally either 3 or 5 years. The other requirements are that there be a minimum length of time in a specific state or district, successful completion of a citizenship exam, ability to read, write, and speak English, and good moral character.
The Oath of Allegiance to the United States
The following is the text of the Oath of Allegiance:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;
that I will support and defend the Constitution and the laws of the United States of America against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same;
that I will bear arms on behalf of the United States when required by the law;
that I will perform noncombatant service in the Armed Forces of the United States when required by the law;
that I will perform work of national importance under civilian direction when required by the law; and
that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.
Losing your citizenship
For a natural-born citizen, losing your citizenship is actually quite difficult. The law prohibits the taking of your citizenship against your will, but there are certain actions a citizen can take which are assumed to be a free-will decision that constitutes a voluntary renunciation of the citizenship.
Moving to another country for an extended period of time does not constitute an act that presumes renunciation. Neither does taking a routine-level job with a foreign government. This stand is quite different from U.S. policy of the past, where even being naturalized in another nation could be seen as renunciation. The sections of the law that pertained to losing ones nationality for many of these cases was found at 8 USC 1482 and related sections.
The U.S. Code does, however, see some acts as creating the possibility of a loss of nationality. When you lose your U.S. nationality, you are no longer under the protection or jurisdiction of the United States. When the United States considers you to no longer be of U.S. nationality, it in effect considers you to no longer be a citizen. Note that these are things you can do that may force you to lose your citizenship. The law also says that these acts must be voluntary and with the intent of losing U.S. citizenship. The ways to lose citizenship are detailed in 8 USC 1481:
Becoming naturalized in another country
Swearing an oath of allegiance to another country
Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force
Working for the government of another nation if doing so requires that you become naturalized or that you swear an oath of allegiance
Formally renouncing citizenship at a U.S. consular office
Formally renouncing citizenship to the U.S. Attorney General
By being convicted of committing treason
Saturday, November 27, 2010
Friday, November 19, 2010
Monday, November 15, 2010
I fixed the Budget Deficit!
DOMESTIC PROGRAMS AND FOREIGN AID Projected Savings to Deficit in:
2015 2030
Cut foreign aid in half
At a time when the United States is facing large deficits, some budget analysts argue that the country should significantly reduce the money it spends helping other countries. Others say that foreign aid already represents a smaller share of the budget here than in other rich countries and that it expands American influence.
$17 billion $17 billion
Eliminate earmarks
Earmarks are lawmaker-directed spending items, often to finance local projects favored by a member of Congress.
$14 billion $14 billion
Eliminate farm subsidies
Many economists argue that farm subsidies distort the workings of the market and largely flow to big agricultural businesses. As the Congressional Budget Office has noted, advocates of reducing the subsidies argue that doing so “could help small farms indirectly, slowing the rate” of consolidation. Supporters argue that the subsidies help preserve the American agriculture industry.
$14 billion $14 billion
Cut pay of civilian federal workers by 5 percent
“During the Great Recession, most private-sector employees have seen their wages frozen, and some have even watched wages decline,” the chairmen of the deficit panel wrote. “In contrast, federal workers have seen their wages increase.” This option would be a one-time 5 percent cut in federal civilian workers’ pay; the chairmen called for a three-year freeze on pay, which would have a similar effect.
$14 billion $17 billion
Reduce the federal workforce by 10 percent
This proposal would reduce the size of the federal work force by 200,000, from its current level of more than 2 million. The chairmen of the fiscal commission noted that the federal work force peaked at about 2.3 million in the late 1960s and fell to a low of 1.8 million in 2000. “Under this proposal, the government could hire two new workers for every three who leave service,” the chairmen said. The proposal would not take effect until 2012.
$12 billion $15 billion
Cut 250,000 government contractors
In the past decade, both the number of federal employees and the number of contractors rose. Recent estimates suggest that contractors outnumber federal employees by millions. The chairmen wrote, “While contractors provide useful services — sometimes at a lower cost than the federal government — their numbers are simply too high in light of the current budget deficit.”
$17 billion $17 billion
Other cuts to the federal government
The chairmen called for a series of smaller cuts, including eliminating some agencies, cutting research funds for fossil fuels, reducing funds for the Smithsonian and the National Park Service, eliminating certain regional subsidies, and eliminating the Office of Safe and Drug-Free Schools.
$30 billion $30 billion
Cut aid to states by 5 percent
In the past decade, even before the stimulus bill, state aid rose significantly, as a share of the economy. In 2005, it equaled 3.4 percent of gross domestic product, compared with 2.3 percent in 1990 and 3.3 percent in 1980. Cutting state aid, advocates say, would persuade states to spend more efficiently and reduce waste. Opponents worry about the effects on education, poverty and public safety.
$29 billion $42 billion
MILITARY Projected Savings to Deficit in:
2015 2030
Reduce nuclear arsenal and space spending
Would reduce number of nuclear warheads to 1,050, from 1,968. Would also reduce the number of Minuteman missiles and funding for nuclear research and development, missile development and space-based missile defense.
$19 billion $38 billion
Reduce military to pre-Iraq War size and further reduce troops in Asia and Europe
“This option,” according to the bipartisan Sustainable Defense Task Force, “would cap routine U.S. military presence in Europe and Asia at 100,000 personnel, which is 26 percent below the current level and 33 percent below the level planned for the future. All told, 50,000 personnel would be withdrawn.” The option would also reduce the standing size of the military as the wars in Iraq and Afghanistan wind down.
$25 billion $49 billion
Reduce Navy and Air Force fleets
Under this option, the Navy would build 48 fewer ships and retire 37 more ships than now scheduled. Overall, the battle fleet would shrink to 230 ships, from 286. In addition, the Air Force would retire two tactical fighter wings and reduce the number of fighter jets it planned to purchase.
$19 billion $24 billion
Cancel or delay some weapons programs
This option would cancel the purchase of some expensive equipment, like the F35 fighter jet and MV-22 Osprey, with less expensive equipment that the bipartisan Sustainable Defense Task Force judged to have similar capability. It would delay other purchases. Research and development spending, which the task force considered a relic of the cold war arms race, would be reduced.
$19 billion $18 billion
Reduce noncombat military compensation and overhead
Would change health-care plan for veterans who had not been wounded in battle. Premiums, which have not risen in a decade, would rise. More veterans would receive health insurance from employer. This option would also take some benefits, like housing allowances, into account when tying military raises to civilian pay raises. Currently, increases in those benefits come on top of pay raises. The military would also reduce the length and frequency of combat tours. No unit or person will be sent to a combat zone for longer than a year, and they will not be sent back involuntarily without spending at least two years at home.
$23 billion $51 billion
FOREIGN TROOP LEVELS: CHOOSE ONE OR NONE
Reduce the number of troops in Iraq and Afghanistan to 60,000 by 2015
Reduce the number of troops in Iraq and Afghanistan to 60,000 by 2015 Today, the United States military has 100,000 troops in Afghanistan and 50,000 in Iraq. The Obama Administration plans to reduce these numbers in coming years but has not specified troop levels. Defense and budget experts say this 60,000 option would be faster than what is now planned. The savings is the difference between the administration's projected spending and the spending under this option.
$51 billion $149 billion
Reduce the number of troops in Iraq and Afghanistan to 30,000 by 2013
Reducing troops by to 30,000 from 60,000 could save an additional $20 billion by 2030.
$86 billion $169 billion
HEALTH CARE Projected Savings to Deficit in:
2015 2030
Enact medical malpractice reform
Many doctors believe so-called defensive medicine – ordering tests and procedures to avoid lawsuits – is a major reason health costs are so high. This option would begin to reduce the chances of large malpractice verdicts, and supporters believe, also reduce rising medical costs. Opponents say it could reduce doctors’ incentives to avoid errors. The savings estimate comes from the Congressional Budget Office.
$8 billion $13 billion
MEDICARE COSTS: CHOOSE ONE OR NONE
Increase the Medicare eligibility age to 68
Those who favor raising the eligibility age for Medicare often say that Americans are living longer and should work longer. And, some say, the new health-care bill will allow people in their late 60s without employer-provided insurance to buy a policy through an exchange. Opponents say that low-income workers have experienced the lowest increases in longevity, and they need Medicare the most.
$8 billion $56 billion
Increase the Medicare eligibility age to 70
This option would save nearly $50 billion more than increasing the age to 68 would.
$8 billion $104 billion
Reduce the tax break for employer-provided health insurance
This option would reduce the tax break for employer-provided health insurance, by slowly adjusting the cap, so that it increases at the rate of economic growth, rather than the growth in health costs – which tends to be significantly faster. Over time, more employer spending on health insurance would be taxed.
$41 billion $157 billion
Cap Medicare growth starting in 2013
This option would cap the Medicare growth at G.D.P. growth plus 1 percentage point, starting in 2013. Among other things, this would crack down on many hospitals and doctors with the highest costs.
$29 billion $562 billion
SOCIAL SECURITY Projected Savings to Deficit in:
2015 2030
CHANGING THE RETIREMENT AGE: CHOOSE ONE OR NONE
Raise the Social Security retirement age to 68
The increase in longevity has caused some to favor higher eligibility ages for Social Security. This option would gradually raise the age from the currently planned 67 to 68. Supporters say that the change would go a long way toward fixing Social Security’s shortfall, by reducing benefits and by encouraging people to work (and thus pay payroll taxes) for longer. Opponents say that longevity increases have been smallest among low-income workers, who need Social Security the most.
$13 billion $71 billion
Raise the Social Security retirement age to 70
This option would gradually raise the age to 70, potentially saving an additional $175 billion.
$13 billion $247 billion
Reduce Social Security benefits for those with high incomes
“Currently, initial Social Security benefits are determined in a way that allows them to grow with economy-wide wage growth,” says the Committee for a Responsible Federal Budget, a private group in Washington. Under this option, workers below the 60th percentile of the lifetime earnings distribution would continue to have their retirement benefits grow over time with average wage increases. But the benefits of top earners would grow more slowly – with inflation – while benefits for workers just above the 60th percentile would grow at a rate between inflation and wage growth.
$6 billion $54 billion
Tighten eligibility for disability
The costs of the disability insurance program, which is administrated by the Social Security Administration, have been rising rapidly. This option would cut disability spending by 5 percent by focusing on states with the loosest standards. Supporters note that growing numbers of workers are classified as disabled, though the average job is less physically taxing. Opponents worry that injured or ill workers with few good job prospects would be harmed.
$9 billion $17 billion
Use an alternate measure for inflation
Some economists believe that the Consumer Price Index overstates inflation, giving Social Security recipients larger cost-of-living increases than necessary. This option would use a different, lower inflation measure both for Social Security and in the tax code (thus pushing more households into higher brackets over time). Supporters say the lower measure is more accurate. Opponents say it is less accurate for the elderly, who buy a different mix of goods and services than other households.
$21 billion $82 billion
EXISTING TAXES Projected Savings to Deficit in:
2015 2030
MODIFYING ESTATE TAXES: CHOOSE ONE OR NONE
The Lincoln-Kyl proposal
For the first time since early in the 20th century, there is no estate tax in 2010 – a feature of the 2001 Bush tax cut. (The tax is scheduled to return in 2011, but this exercise assumes the cut will continue.) A proposal by Senators Jon Kyl, an Arizona Republican, and Blanche Lincoln, an Arkansas Democrat, is the most moderate of the estate-tax options here. It would exempt the first $5 million from any taxable estate and index this level to inflation over time. Any estate value above $5 million would be taxed at a 35 percent rate.
$12 billion $20 billion
President Obama's proposal
President Obama's proposal is more agressive than Kyl-Lincoln, but would still cut the estate tax when compared to the Clinton years. The Obama plan would exempt the first $3.5 million from any taxable estate. Any estate above $3.5 million would be taxed at a 45 percent rate. These are the same provisions that applied in 2009, as part of the 2001 Bush tax cut.
$24 billion $45 billion
Return the estate tax to Clinton-era levels
Under President Bill Clinton, the estate tax exempted $1 million from any taxable estate. This level would not grow with inflation over time, subjecting more estates to the tax. The rate would start at 18 percent and climb to 55 percent, as it did in the 1990s. The 55 percent rate would begin at $3 million. If Congress takes no action, this would become law on Jan. 1, 2011.
$50 billion $104 billion
INVESTMENT TAXES: CHOOSE ONE OR NONE
President Obama's proposal
Capital gains and dividends are now untaxed for couples with incomes below $68,000. For everyone else, the tax rate is 15 percent. This option, proposed by President Obama, would raise the rate to 20 percent for households making roughly $250,000 a year and above.
$10 billion $24 billion
Return rates to Clinton-era levels
This option would return rates to their level under President Bill Clinton: 10 percent on capital gains for low-income households and 20 percent for everyone else, while dividends would again be taxed at the same rate as ordinary income.
$32 billion $46 billion
THE BUSH TAX CUTS
Allow expiration for income above $250,000 a year
This option would allow the expiration, on Jan. 1, of the Bush tax cuts for the top 2 percent or so of households on the income distribution – those making $250,000 or more. On average, the change would equal about 2 percent of a given household’s pretax income.
$54 billion $115 billion
Allow expiration for income below $250,000 a year
This option would allow the expiration, on Jan. 1, of the Bush tax cuts for the bottom 98 percent or so of households on the income distribution – those making $250,000 or less. On average, the change would equal about 2 percent of a given household’s pretax income.
$172 billion $252 billion
Payroll tax: Subject some incomes above $106,000 to tax
When the payroll tax – which finances Social Security and Medicare – was created, it covered 90 percent of all income. Today, with a ceiling at $106,800, it covers closer to 80 percent. This option would gradually raise the ceiling, until 90 percent of income was again subject to the tax.
$50 billion $100 billion
NEW TAXES AND TAX REFORM Projected Savings to Deficit in:
2015 2030
Millionaire's tax on income above $1 million
Currently, the top tax brackets starts at about $375,000. In past decades, it started at much higher income level, after inflation is taken into account. This option – which the House passed last year but the Senate did not – would create a new 5.4 percent surtax on income above $1 million.
$50 billion $95 billion
CLOSING TAX LOOPHOLES: CHOOSE ONE OR NONE
Eliminate loopholes, reduce rates (Bowles-Simpson plan)
The deficit commission proposed a series of tax overhaul plans. Each one would reduce tax breaks for companies and individuals, while lowering tax rates. On the whole, the plans would raise revenue. One plan would cut all tax breaks other than the child and earned-income tax credits and those for mortgages, health and retirement benefits. The corporate tax would then be cut to 28 percent, from 35 percent, while individual tax rates would be cut for all brackets too.
$75 billion $175 billion
Eliminate loopholes, but keep taxes slightly higher
This option is the same as the previous one – except that tax rates would be cut less, raising more revenue to reduce the deficit.
$136 billion $315 billion
Reduce mortgage-interest deduction by converting to credit
The benefits of the mortgage-interest deduction (and several other tax breaks) flow mostly to high-income households – because they tend to have larger mortgages and have marginal income-tax rates. This option would reduce the value of some of those breaks to high-income households.
$25 billion $54 billion
National sales tax
Nearly every other rich country has a tax on consumption, also known as a value-added tax or national sales tax. This option would impose a 5 percent consumption tax, exempting education, housing and charitable giving.
$41 billion $281 billion
Carbon tax
This option would tax carbon emissions, starting at $23 per ton of CO2. The tax rate would increase at a constant annual rate of 5.8 percent, from 2012 through 2050.
$40 billion $71 billion
Bank Tax
This option would tax banks based on the size of their holdings and the perceived riskiness of those holdings. Larger, riskier banks would pay more tax, both to discourage them from taking big risks and to help cover the costs of future financial crises.
$73 billion $103 billion
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