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The right to enter and leave the United States is so fundamental, however, that a citizen cannot be prevented from coming into the United States merely because he or she has no passport. Article II of the Constitution provides: "No person except a natural-born Citizen, or a Citizen of the United States, at the time of Adoption of this Constitution, shall be eligible to the Office of President."The Fourteenth Amendment does not, however, make children who are born within the territory of the United States of foreign ambassadors, consuls, and military officers American citizens. On the other, it productively brings to the fore the fact that there are no longer absolute and clear-cut patterns of exclusion and inclusion that simply coincide with the bounds of the national. The very global rules and institutional frameworks that celebrate personhood and human rights at the same time naturalize collective identities around national and ethno-religious particularism by legitimating the right to “one's own culture” and identity. Individual rights that were once associated with belonging to a national community have become increasingly abstract and legitimated within a larger framework of human rights.Reinforced by the authoritative backing of international organizations and expert professionals, economic and political liberalism now pretty much drive the policy reforms worldwide (Simmons et al 2006). Their participation extends beyond the confines of a unitary national community, covers multiple localities, and transnationally connects public spheres. Accordingly, a plethora of policy instruments provision investment in individuals’ capacities — skill training and improvement programs, job insertion and apprenticeship schemes, and lifelong learning towards enhanced employability and self-realization, among others. Such interactions might be intensified by advances in international transportation and communication technologies, but postnational citizenship does not imply the necessary advent of transnational solidarities or communal bonds, or the formation of “diasporic” identities and interests (Soysal 2000).Second, postnational citizenship does not imply the “withering of the nation-state” or the declining purpose of the state. In the process, what we normally regard as unique characteristics of collectivities (culture, language, and standard ethnic traits) have become variants of the universal core of humanness or selfhood. This authoritative discourse of individual rights has been instrumental in the formalization and expansion of many citizenship rights to those who were previously excluded or marginalized in society: women, children, gays and lesbians, religious and linguistic minorities, as well as immigrants.

Such children derive their citizenship from their parents. One significant legal disadvantage exists for a person who is not a citizen of a state. The principles of human rights (that foster postnational forms of citizenship) and the principles of nation-state sovereignty and agency are reified by the same transnational discourses and institutions.