Before the 14th: Black Activists and the Battle for Citizenship

In light of this week's Supreme Court hearing that could redefine birthright citizenship in the United States, we’re revisiting one of our most insightful episodes from 2019. Historian and legal scholar Martha S. Jones joins The Electorette to discuss her groundbreaking book, Birthright Citizens: A History of Race and Rights in Antebellum America. In this conversation, Professor Jones traces the legal and political battles waged by free Black Americans in the decades before the Civil War—activists who challenged the idea that citizenship was the exclusive domain of white Americans. Their efforts laid the groundwork for the 14th Amendment and reshaped the meaning of belonging in a multiracial democracy. This episode explores the deep historical roots of birthright citizenship, its radical origins in Black freedom struggles, and the enduring threats it faces today. Whether you’re new to the topic or returning to it with fresh urgency, this conversation offers critical context for understanding the legal, moral, and democratic stakes. (00:00) The History of Birthright Citizenship Professor Jones and I revisit the critical history of birthright citizenship in America, exploring the struggles of formerly enslaved Black Americans. (06:57) Interpreting the Constitution for Citizenship Free African Americans used military service and economic contributions to advocate for citizenship and equality, utilizing their legal literacy and the omission of race in early constitutional texts. (16:43) Debating Citizenship and Colonization William Yates, a white abolitionist, authored "The Rights of Colored Men" to align abolitionism with the founding ideals of the US. (28:44) Threats to Citizenship and Forced Removal Former slaves pursued citizenship in the US to avoid colonization, but faced fears and pressures, leading to self-deportation and parallels with modern immigration policies. (43:41) Global Implications of Citizenship Debate Political and humanitarian debates have global implications and contribute to ongoing crises, emphasizing the need for vigilance and awareness. Learn more about your ad choices. Visit megaphone.fm/adchoices