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Dead Constitution See other Dead Constitution Articles Title: State Citizenship v 14th Slave/Serf Status State Citizenship is Citizenship under one of the freely associated compact states[1] with unalienable rights recognized, secured, and protected against state action by state Constitutions, said states under a republican form of government[2] under the laws of the United States of America, protected from federal intrusion and encroachment by the Constitution for the United States of America (1787). The Privileges and Immunities of state Citizens are recognized, secured, and protected by Article IV, Section 2.1, of the Constitution for the United States of America (1787). The Fourteenth Amendment (1868) conferred upon a numerous class of persons a distinct second class of federal citizenship under the Congressional jurisdiction of a federal corporation called the United States located in the District of Columbia.[3][4][5][6] "A citizen of the United States is a citizen of the federal government ..." -- Kitchens v. Steele, 112 F.Supp 383 "The government of the United States is a foreign corporation with respect to a state." -- In re Merriam, 36 N. E. 505, 141 N. Y. 479, affirmed 16 S. Ct. 1073, 163 U. S. 625, 41 L.Ed. 287. The Fourteenth Amendment states: "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." Contents [hide] • 1 Definition • 2 Washington, Franklin, Jefferson -- state Citizens • 3 United States of America Legally Distinct from the United States • 4 Reviving state Citizenship • 5 See also • 6 References [edit] Definition In matters of international law, a state Citizen of one of the several freely associated compact states is considered a citizen of the United States. Passports issued by the U.S. State Department refer to the "citizen/national," since the document is used by both state Citizens ("national") under Article IV, Section 2.1, of the Constitution for the United States of America (1787), and by federal citizens ("citizen") within the jurisdiction of Congress under the Fourteenth Amendment.[3] While being a federal citizen of the United States under the Fourteenth Amendment arises out of birth or naturalization, state Citizenship is based on birth and the law of domicil. In an American court, state Citizenship is separate and distinct from federal U.S. citizenship.[3][7][8] State laws (more frequently of states admitted to the Union before 1866 than after) also make this distinction.[9] A legal distinction is made in the U.S. code between a freely associated compact state (lowercase "s")[1] and a State (uppercase "S").[10] The freely associated compact states are countries, per 28 U.S.C. § 297(a) and (b).[11][12] "State" (uppercase "S") means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.[10] A person (a person as mentioned under the XIV Amendment) resident (in opposition to the law of domicil) is subject to the jurisdiction of a State (State legally distinguished from freely associated compact state) simply by being physically present in that State. Any XIV Amendment person, whether citizen, foreign national, corporation or other legal entity, is subject to the jurisdiction of both the laws of the State [in this instance State distinguished from freely associated compact state, and State meaning any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States, per 28 U.S.C. § 3002(14)], in which that XIV Amendment person resides and the federal laws that apply to all the States. There are exceptions, such as for diplomats with immunity. Such persons also enjoy certain legal rights under both systems. For example, a UK Citizen accused of a crime in New Jersey can be found guilty and punished, but only after a trial conducted according to the standards of the United States [meaning State and the District of Columbia, per 28 U.S.C. § 3002(14)] and New Jersey legal systems. As a practical matter, States may restrict certain privileges of citizenship to those who are long-term or permanent residents. Some states distinguish different pains and penalties for the same offense depending on whether the accused is a state Citizen or resident person.[13] The U.S. Supreme Court in Snowden v. Hughes, 321 U.S. 1, 7 (1943), also affirmed: "The protection extended to citizens of the United States by the privileges and immunities clause includes those rights and privileges which, under the laws and Constitution of the United States, are incident to citizenship of the United States, but does not include rights pertaining to state citizenship and derived solely from the relationship of the citizen and his state established by state law. The right to become a candidate for state office, like the right to vote for the election of state officers, is a right or privilege of state citizenship, not of national citizenship, which alone is protected by the privileges and immunities clause."[14] In United States v. Cruikshank, 92 U.S. 542 (1875), the Court affirmed the following: "There is in our political system a government of each of the several States, and a Government of the United States. Each is distinct from the others, and has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a Citizen of a State, but his rights of citizenship under one of those governments will be different from those he has under the other."[15] In addition, in the Slaughter-House Cases, the court recognized two types of citizenship. The rights citizens have by being citizens of the United States are covered under the privileges or immunities clause of the 14th Amendment, while the rights Citizens have by being Citizens of a state fall under the Privileges and Immunities Clause of Article IV, Section 2.1, of the Constitution for the United States of America (1787). [edit] Washington, Franklin, Jefferson -- state Citizens George Washington was a state Citizen of Virginia[16] with unalienable rights recognized, secured, and protected by the Virginia state Constitution (1776) against state action, and against federal intrusion by the Constitution for the United States of America (1787), said state Citizenship recognized, secured, and protected by Article IV, Section 2.1, of that constitution. It was impossible for Washington to be a U.S. citizen under the Fourteenth Amendment to the United States Constitution, said amendment not existing in Washington's time (1732 – 1799). The Fourteenth Amendment was adopted on July 9, 1868, as one of the Reconstruction Amendments following the American Civil War. Benjamin Franklin was a state Citizen of Pennsylvania with unalienable rights secured by the Pennsylvania state Constitution (1776), said state Citizenship secured by Article IV, Section 2.1, of the Constitution for the United States of America (1787), the Fourteenth Amendment not existing in Franklin's time (1706 - 1790). Thomas Jefferson was a state Citizen of Virginia with unalienable rights secured by the Virginia state Constitution (1776), said state Citizenship secured by Article IV, Section 2.1, of the Constitution for the United States of America (1787), the Fourteenth Amendment not existing in Jefferson's time (1743 - 1826). James Jackson Kilpatrick's book, "The Sovereign States: Notes of a Citizen of Virginia", [17] is a treatise on the rivalry and distinctions between the two governments, general and state, with an emphasis on the American Civil War, and the book also discusses the circumstances attendant upon ratification of the Fourteenth Amendment , as does The "Conspiracy Theory" of the Fourteenth Amendment by Howard Jay Graham.[18] Also, see The Railroads in the "Conspiracy Theory" of the Fourteenth Amendment by James F. S. Russell for a discussion on the meaning of the word "person" under the amendment.[19] In 1968, the Utah Supreme Court in Dyett v. Turner, 20 Utah 2d 403, 439 P.2d 266. , discussed issues and contentions surrounding the ratification of the Fourteenth Amendment. The court declared: "In regard to the Fourteenth Amendment, which the present Supreme Court of the United States has by decision chosen as the basis for invading the rights and prerogatives of the sovereign states, it is appropriate to look at the means and methods by which that amendment was foisted upon the Nation in times of emotional stress. We have no desire at this time to have the Fourteenth Amendment declared unconstitutional. In fact, we are not asked to do that. We merely want to show what type of a horse that Court has to ride in order to justify its usurpation of the prerogatives of the states."[20] 42 U.S.C. § 1982 : US Code - Section 1982, currently makes a lawful distinction between federal citizens of the United States and white Citizens (non-Fourteenth Amendment Citizens outside the jurisdiction of Congress; SEE: Washington, Franklin, Jefferson above): "All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property."[21] After the Civil War, former non-white slaves acquired federal U.S. citizenship subject to Congressional jurisdiction under the Fourteenth Amendment (1868) in contrast to white Citizens at that time already having state Citizenship with unalienable rights secured by their state Constitution,[3] recognized, secured, and protected by Article IV, Section 2.1, of the Constitution for the United States of America (1787). 42 U.S.C. § 1982 bespeaks to property rights of citizens of the United States being on par with white citizens, not mentioning political rights. "The amendment referred to slavery. Consequently, the only persons embraced by its provisions, and for which Congress was authorized to legislate in the manner were those then in slavery." -- Bowlin v. Commonwealth (1867), 65 Kent. Rep. 5, 29. "No white person. . . owes the status of citizenship to the recent amendments to the Federal Constitution." -- Van Valkenberg v. Brown (1872), 43 Cal. Sup. Ct. 43, 47. [edit] United States of America Legally Distinct from the United States state Citizenship refers to Citizenship under one of the freely associated compact states[1] under a republican form of government[2] under the laws of the United States of America, as opposed to federal U.S. citizenship within the United States under the Fourteenth Amendment subject to the jurisdiction of Congress. The United States of America is outside the United States. A distinction in law exists between the terms "United States of America" and "United States." 42 U.S.C. § 1746(1): "If executed without the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.'"[22] The Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands exist within the United States, outside the laws of the United States of America. 42 U.S.C. § 1746(2): "If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.'"[23] The United States, as opposed to the United States of America, is defined as a Federal corporation: 28 U.S.C. § 3002(15)(A): "'United States' means -- (A) a Federal Corporation;"[4] The United States, as opposed to the United States of America, is located in the District of Columbia: U.C.C. > Article 9 > Part 1. § 9-307(h): "The United States is located in the District of Columbia."[5] The term "United States", as used above, refers to a federal corporation (the incorporated United States defined in Article I, section 8, clause 17, of the United States Constitution) located within the District of Columbia under Congressional control, a legislative democracy.[6] The term "United States of America" is used in contrast referring to the land mass of 50 separate freely associated compact states[1] united on the American continent, each with its own foreign borders and own state Constitution securing the unalienable rights of its Citizens against state action, each under a constitutionally guaranteed republican form of government,[2] under the laws of the United States of America, or in the language of 42 U.S.C. § 1746(1): "without the United States."[22] There is a legal distinction between the freely associated compact states[1] and States.[10] The freely associated compact states are countries, per 28 U.S.C. § 297(a)[11] and (b):[12] 28 U.S.C. § 297(a): "The Chief Justice or the chief judge of the United States Court of Appeals for the Ninth Circuit may assign any circuit or district judge of the Ninth Circuit, with the consent of the judge so assigned, to serve temporarily as a judge of any duly constituted court of the freely associated compact states whenever an official duly authorized by the laws of the respective compact state requests such assignment and such assignment is necessary for the proper dispatch of the business of the respective court."[11] At 28 U.S.C. § 297(b), the freely associated compact states (spelled with a lowercase "s") are referred to as countries: 28 U.S.C. § 297(b): "The Congress consents to the acceptance and retention by any judge so authorized of reimbursement from the countries referred to in subsection (a) ..."[12] A "State" (spelled with an uppercase "S") in contrast to a freely associated compact state (lowercase "s") is not a country. The two are legally distinct. A "State" means the District of Columbia: 28 U.S.C. § 3002(14): '"State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.'[10] Per the above, a freely associated compact state (lowercase "s"), defined as a country, exists "without the United States," and "under the laws of the United States of America." A State (uppercase "S") exists "within the United States," and not "under the laws of the United States of America." In summation, the United States, a federal corporation located in the District of Columbia, cannot exist without the freely associated compact states, but the freely associated compact states can exist without the United States, as stated by the U.S. Supreme Court in Lane County v. Oregon, 74 U.S. 7 Wall. 71 71 (1868): "On the other hand, the people of each state compose a state having its own government and endowed with all the functions essential to separate and independent existence. The states disunited might continue to exist. Without the states in union, there could be no such political body as the United States."[24] The first ten amendments to the Constitution for the United States of America (1787), known as the Bill of Rights, were inserted to protect Citizens in their states, those Citizens "without the United States," defined as a Federal Corporation at 28 U.S.C. § 3002(15)(A)[4], against encroachments and intrusions of the federal government upon the unalienable rights, privileges and immunities recognized, secured, and protected by their various state Constitutions, this fear of encroachment and intrusion forming the basis of the debate leading to the publication of the Federalist Papers. Under the Fourteenth Amendment, adopted after the Civil War during a time of societal distress and upheaval, a distinct federal U.S. citizenship with privileges or immunities granted by Congress[3] occurs "within the United States, its territories, possessions, or commonwealths," per the language of 42 U.S.C. § 1746(2),[23][6] with no access to the Bill of Rights, since the Fourteenth Amendment does not incorporate any of the Bill of Rights. Jones v. Temmer, 829 F. Supp. 1226, 1234-35 (D. Colo. 1993), stated: "The privileges or immunities clause of the Fourteenth Amendment protects very few rights because it neither incorporates any of the Bill of Rights nor protects all rights of individual citizens. See Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L. Ed. 394 (1873). Instead, this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship." Jones v. Temmer was a case filed in the United States District Court for the District of Colorado, dated August 11, 1993, claiming violation of rights protected by the Fourteenth Amendment to the Constitution, in challenge to a 50-year-old taxi monopoly in Denver, where the District Court judge upheld the monopoly.[25] [edit] Reviving state Citizenship Legislators in Pennsylvania, Arizona, South Carolina, Georgia, and Oklahoma in a news story in USA Today, dated January 6, 2011, stated they want to fight all the way to the Supreme Court to revive state Citizenship.[26] Constitutional lawyer Kris Kobach, Secretary of State of Kansas, in a news story in The New York Times, dated January 5, 2011, said proposed laws were written to “revive the concept of state citizenship.”[27] [edit] See also • U.S. state • Citizenship in the United States • History of citizenship in the United States • Citizenship (general concept) [edit] References 1. ^ a b c d e "28 U.S.C. > Part I > Chapter 13 > § 297 : US Code - Section 297: Assignment of judges to courts of the freely associated compact states" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/28/311.html . Retrieved 2011-01-11. "... to serve temporarily as a judge of any duly constituted court of the freely associated compact states ..." 2. ^ a b c "The Constitution of the United States > Article IV > Section. 4." (HTML). archives.gov. UNITED STATES. http://www.archives.gov/exhibits/charters/constitution_transcript.html . Retrieved 2011-01-11. "The United States shall guarantee to every State in this Union a Republican Form of Government ..." 3. ^ a b c d e "The privileges and immunities clause of the Fourteenth Amendment protects very few rights because it neither incorporates any of the Bill of Rights nor protects all rights of individual citizens. See Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L. Ed. 394 (1873). Instead, this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship." -- Jones v. Temmer, 829 F. Supp. 1226, 1234-35 (D. Colo. 1993); SEE U.S.C.A. Const. Amend. 14, section 1. 4. ^ a b c "28 U.S.C. > Part VI > Chapter 176 > Subchapter A § 3002(15)(A) : US Code - Section 3002(15)(A): Definitions" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/28/usc_sec_28_00003002----000-.html . Retrieved 2011-01-09. "28 U.S.C. § 3002(15)(A): 'United States' means -- (A) a Federal Corporation;" 5. ^ a b "U.C.C. > Article 9 > Part 1. § 9-307(h) : US Code - Section 9-307(h): Location of United States." (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/ucc/9/article9.htm#s9-307 . Retrieved 2011-01-09. "U.C.C. > Article 9 > Part 1. § 9-307(h): 'The United States is located in the District of Columbia.'" 6. ^ a b c "The Constitution of the United States > Article I - The Legislative Branch > Section 8 > Clause 17 - Powers of Congress" (HTML). archives.gov. UNITED STATES. http://www.archives.gov/exhibits/charters/constitution_transcript.html . Retrieved 2011-01-10. "To exercise exclusive Legislation in all Cases whatsoever, over such District ..." 7. ^ "Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a person to be a citizen of the United States in order to be a citizen of his state." Crosse v. Board of Supervisors of Elections (1966) 221 A.2d 431 p.433, citing U.S. v. Cruikshank (1875), 92 U.S. 542, 549, 23 L.Ed. 588 (1875), Slaughter-House Cases (1872), 83 U.S. 36; 1872 U.S. LEXIS 1139; 21 L. Ed. 394; 16 Wall. 36 8. ^ "Rights under 42 USCS sect.1983 are for citizens of United States and not of state." -- Wadleigh v. Newhall (1905 CC Cal) 136 F 941 9. ^ California Government Code Section 242: Noncitizens. Persons in the State not its citizens are either: (a) Citizens of other States; or (b) Aliens (Stats 1943, c.134, p.109, sect.242. Derivation: Pol.C. Sect.57" 10. ^ a b c d "28 U.S.C. > Part VI > Chapter 176 > Subchapter A § 3002(14) : US Code - Section 3002(14): Definitions" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/28/usc_sec_28_00003002----000-.html . Retrieved 2011-01-11. "28 U.S.C. § 3002(14): 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States." 11. ^ a b c "28 U.S.C. > Part I > Chapter 13 > § 297(a) : US Code - Section 297(a): Assignment of judges to courts of the freely associated compact states" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/28/311.html . Retrieved 2011-01-11. "... to serve temporarily as a judge of any duly constituted court of the freely associated compact states whenever an official duly authorized by the laws of the respective compact state requests such assignment ..." 12. ^ a b c "28 U.S.C. > Part I > Chapter 13 > § 297(b) : US Code - Section 297(b): Assignment of judges to courts of the freely associated compact states" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/28/311.html . Retrieved 2011-01-11. "... The Congress consents to the acceptance and retention by any judge so authorized of reimbursement from the countries referred to in subsection (a) ..." 13. ^ California Penal Code, Title 8, Section 227 ("Every person who fights a duel...is punishable by imprisonment in the state prison, or in the county jail, not exceeding one year.") CPC, Title 8, Section 228 ("Any citizen of this state who shall fight a duel...shall not be allowed to hold any office of profit, or to enjoy the right of suffrage, and shall be declared so disqualified in the judgment, upon conviction.") 14. ^ "Snowden v. Hughes, 321 U.S. 1 (1944)" (PDF). U.S. Supreme Court. Justia.com U.S. Supreme Court Center. 1944-01-17. http://supreme.justia.com/us/321/1/case.html . Retrieved 2010-01-13. 15. ^ "United States v. Cruikshank, 92 U.S. 542 (1875)" (PDF). U.S. Supreme Court. Justia.com U.S. Supreme Court Center. 1875. http://supreme.justia.com/us/92/542/index.html . Retrieved 2010-01-13. 16. ^ The papers of George Washington , Edward G. Lengel (Editor in Chief), Presidential Series, Volume 14, Documents, From "A Citizen of Virginia", 28 October 1793. 17. ^ Kilpatrick, James Jackson. "The Sovereign States: Notes of a Citizen of Virginia" (HTML). Charles Town, West Virginia, U.S.A.: Old Line Press. http://sovereignstates.org/books/The_Sovereign_States/SovereignStates.html . Retrieved 2011-01-07. 18. ^ Graham, Howard Jay. "The 'Conspiracy Theory' of the Fourteenth Amendment" (JSTOR). The Yale Law Journal, Vol. 47, No. 3 (Jan., 1938), pp. 371-403. http://www.jstor.org/pss/791947 . Retrieved 2011-01-07. 19. ^ Russell, James F. S. "The Railroads in the 'Conspiracy Theory' of the Fourteenth Amendment" (JSTOR). The Mississippi Valley Historical Review, Vol. 41, No. 4 (Mar., 1955), pp. 601-622. http://www.jstor.org/pss/1889179 . Retrieved 2011-01-07. 20. ^ "Dyett v. Turner, 20 Utah 2d 403, 439 P.2d 266 (1968)" (SCRIBD). scribd.com. Utah Supreme Court. 1968-03-22. http://www.scribd.com/doc/27797304/Dyett-v-Turner-Utah-Supreme-Court-439-Pacific-Reporter-2d-403-439-P-2d-266-276 . Retrieved 2011-01-07. 21. ^ "42 U.S.C. > Chapter 21 > Subchapter I > § 1982 : US Code - Section 1982: Property rights of citizens" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001982----000-.html . Retrieved 2011-01-07. "All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property." 22. ^ a b "28 U.S.C. > Part V > Chapter 115 § 1746(1) : US Code - Section 1746(1): Unsworn declarations under penalty of per¬jury" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001746----000-.html . Retrieved 2011-01-09. "42 U.S.C. § 1746(1): If executed without the United States: 'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.'"" 23. ^ a b "28 U.S.C. > Part V > Chapter 115 § 1746(2) : US Code - Section 1746(2): Unsworn declarations under penalty of per¬jury" (HTML). law.cornell.edu. UNITED STATES. http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001746----000-.html . Retrieved 2011-01-09. "42 U.S.C. § 1746(2): If executed within the United States, its territories, possessions, or commonwealths: 'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.'" 24. ^ "Lane County v. Oregon, 74 U.S. 7 Wall. 71 71 (1868)" (HTML). supreme.justia.com. U.S. Supreme Court. 1868. http://supreme.justia.com/us/74/71/case.html . Retrieved 2011-01-12. 25. ^ "Jones v. Temmer, IJ Breaks Up Denver's 50-Year-Old Taxi Monopoly" (HTML). ij.org. Institute for Justice. http://www.ij.org/index.php?option=com_content&task=view&id=784&Itemid=165 . Retrieved 2011-01-11. "Filed Lawsuit: January 28, 1993; Court Filed: U.S. District Court in Denver, Colorado; Decision(s): August 11, 1993: District Court judge upheld monopoly" 26. ^ "States trying to deny U.S. citizenship" (HTML). content.usatoday.com. USA TODAY. http://content.usatoday.com/communities/onpolitics/post/2011/01/illegal-immigration-14th-amendment-citzenship-/1 . Retrieved 2011-01-10. "They want to fight all the way to the Supreme Court and revive the concept of 'state citizenship.'" 27. ^ "State Lawmakers Outline Plans to End Birthright Citizenship, Drawing Outcry" (HTML). nytimes.com. THE NEW YORK TIMES. http://www.nytimes.com/2011/01/06/us/06immig.html?_r=1 . Retrieved 2011-01-13. "Kris Kobach, a constitutional lawyer who was recently elected secretary of state of Kansas, said the proposed laws were carefully written to avoid usurping federal authority, but to 'revive the concept of state citizenship.'" Retrieved from "http://en.wikipedia.org/wiki/State_citizenship" Categories: United States law | United States nationality law
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