What is the primary function of the U.S. Constitution?

The U.S. Constitution is the supreme law of the United States. It creates the legal framework for the federal government, establishes the separation of powers across three branches, and guarantees fundamental rights to all individuals.

How many Articles and Amendments does the U.S. Constitution have?

The U.S. Constitution consists of 7 original Articles establishing the structure of government and federalism, and 27 ratified Amendments (the first 10 being the Bill of Rights).

What is the Supremacy Clause in Article VI?

Article VI, Clause 2 dictates that the U.S. Constitution, federal statutes, and U.S. treaties take precedence over any conflicting state or local laws.

How can the U.S. Constitution be amended under Article V?

An amendment can be proposed by a 2/3 vote in both houses of Congress or by a constitutional convention requested by 2/3 of state legislatures. It requires ratification by 3/4 of the states (38 states).

Do non-citizens have constitutional rights under the U.S. Constitution?

Yes. Key provisions—including the 5th and 14th Amendment Due Process and Equal Protection Clauses and the 4th Amendment search protections—apply to 'persons,' granting legal rights to citizens and non-citizens alike.

What is the doctrine of Judicial Review?

Judicial Review is the power of federal courts, led by the Supreme Court (established in Marbury v. Madison), to review and strike down executive or legislative actions that violate the Constitution.

Home/USA/Constitution/Amendment/Amendment 14

14th Amendment: Birthright Citizenship & Equal Protection

Full text, legal breakdown, and practical explanations of constitutional laws.

⭐ Low-Fee Money Transfer Real Exchange Rate

Wise International Money Transfer

Send money across 50+ currencies with real mid-market exchange rates and zero hidden bank markup fees.

Transfer Money with Wise

🛡️ Guaranteed Mid-Market Rate

Amendment

Original Constitutional Text

"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."

Simplified Explanation

Ratified in 1868, the Fourteenth Amendment is one of the most vital post-Civil War amendments, establishing birthright citizenship and ensuring states must guarantee equal protection and due process of law to all persons.

Key Clauses & Legal Precedents

The Citizenship Clause (Section 1)

Guarantees that anyone born on U.S. soil is an automatic U.S. citizen. Under the landmark Supreme Court precedent United States v. Wong Kim Ark (1898), this clause has been strictly interpreted to grant citizenship to children born in the U.S. to foreign national parents (including F-1 students, H-1B work visa holders, and undocumented residents).

Executive Order 14160 & Birthright Challenges (2025/2026)

Following Executive Order 14160 issued in January 2025, the U.S. administration attempted to deny birthright citizenship to children of temporary visa holders or undocumented parents, arguing they are not fully "subject to the jurisdiction" of the U.S. However, this order faced immediate legal injunctions. Constitutional law experts highlight that under Article V of the Constitution, executive actions and regulations cannot alter the text of the 14th Amendment. As of June 2026, birthright citizenship remains protected under ongoing litigation.

Official Legal & Government Sources

• Library of Congress Constitution Annotated: constitution.congress.gov
• National Archives America's Founding Documents: archives.gov/founding-docs
• Supreme Court of the United States Opinions: supremecourt.gov

Constitutional Authority

The U.S. Constitution has been amended only 27 times since 1787. The first 10 amendments constitute the Bill of Rights. Any change to the Constitution requires approval by 2/3 of both houses of Congress and ratification by 3/4 of the states.

Related Constitutional Guides

Legal Disclaimer

Constitutional jurisprudence is dynamic and subject to ongoing Supreme Court interpretations. For specific civil rights claims or legal defense, consult with a licensed constitutional lawyer.