Professional Documents
Culture Documents
About Citizenship
About Citizenship
• After the adoption of the Fourteenth Amendment, a Citizen of a State was held to be separate
and distinct from a citizen of the United States:
After the adoption of the Fourteenth Amendment, a Citizen of a State was held to be separate
and distinct from a citizen of the United States: “Of the privileges and immunities of the
citizen of the United States, and of the privileges and immunities of the Citizen of the State, and
what they respective are, we will presently consider; but we wish to state here that it is only the
former which are placed by this clause (Section 1, Clause 2 of the Fourteenth Amendment)
under the protection of the Federal Constitution, and that the latter, whatever they may be, are
not intended to have any additional protection by this paragraph of the amendment.”
Slaughterhouse Cases: 83 U.S. (16 Wall.) 36, at 74 (1873).
• So now there is a Citizen of a State and there is a citizen of the United States
• However, a Citizen of a State is still a citizen of the United States; that is, a citizen of the
several States united, for purposes of nationality:
• That there is a citizen of the United States and a Citizen of the several States (united) is
shown by the following case: “1. Right of transit through the State guaranteed to Citizens by
Constitution.— Under Constitutional provisions, both State and Federal, every citizen of the
United States and of the several States of the Union has, as an attribute of personal liberty, the
right of free egress from, and transit through the State, unless restrained by due course of law;
and this right is subject only to such legislative regulations as may be imposed by the exercise
of the police power of the State, or as may remotely affect it in the legitimate exercise of the
power of State taxation.” Syllabus, Joseph v. Randolph: 45 Ala. 2d. 253, at 253 (1882).
• Before the Fourteenth Amendment, a citizen of the United States was considered to be a
citizen of the several States united:
• However, in the Slaughterhouse Cases, the Supreme Court split the two equivalent terms.
Thereafter, there was a citizen of the United States and a Citizen of the several States (united):
“It is quite clear, then, that there is a citizenship of the United States, and a Citizenship of a
State, which are distinct from each other, and which depend upon different characteristics or
circumstances in the individual.
• Since the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the
United States, who is not a citizen of the several States (united) and a Citizen of the several
States (united) who is not a citizen of the United States.
• A Citizen of a State, under Article IV, Section 2, Clause 1, owes allegiance to two sovereigns,
the particular State, and the United States (that is, the several States united):
“. . . Every Citizen of a State owes a double allegiance; he enjoys the protection and
participates in the government of both the State and the United States.” Houston v. Moore: 18
U.S. (5 Wheat.) 1, at 33; concurring opinion of Justice Johnson (1820).
• A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, is also a citizen of
the several States; that is, a citizen of the several States united. As such, a Citizen of a State,
under Article IV, Section 2, Clause 1 of the Constitution, owes allegiance to the several States
united; that is, the United States:
• The Supreme Court of the United States says this about the word “citizen” used in the
Constitution and laws of the United States: “...In the Constitution and laws of the United
States, the word ‘citizen’ is generally, if not always, used in a political sense to designate one
who has the rights and privileges of a Citizen of a State or of the United States.” Baldwin v.
Franks: 120 U.S. 678, at 690 (1887).
• So the term “citizens” used in 22 U.S.C. 212, refers to both a Citizen of a State, under Article
IV, Section 2, Clause 1 of the Constitution, and a citizen of the United States, under Section 1 of
the Fourteenth Amendment. [Footnote 12] Thus, a citizen of a State, under Article IV, Section
2, Clause 1 of the Constitution, since the adoption of the Fourteenth Amendment, can get a
passport under 22 U.S.C. 212. A citizen of a State, under Article IV, Section 2, Clause 1 of the
Constitution, can because he is now a citizen of the several States united (that is, a citizen
of the United States).
• The term “the United States,” as used therein, refers to the several States united: “At the
time of the formation of the Constitution, the States were members of the confederacy united
under the style of ‘the United States of America,’ and upon the express condition that ‘each
State retains its sovereignty, freedom, and independence.’ And the consideration that, under
the confederation, ‘We, the people of the United States of America,’ indubitably signified the
people of the several States of the Union, as free, independent and sovereign States, coupled
with the fact that the Constitution was a continuation of the same Union (“a more perfect
Union”), and a mere revision or remodeling of the confederation, is absolutely conclusive that,
by the term, ‘the United States’ is meant the several States united as independent and
sovereign communities; and by the words, ‘We, the people of the United States,’ is meant the
people of the several States as distinct and sovereign communities, and not the people of the
whole United States collectively as a nation.” Stunt v. Steamboat Ohio: 4 Am. Law. Reg. 49, at
95 (1855), Dis. Ct., Hamilton County, Ohio; and (same wording) Piqua Bank v. Knoup,
Treasurer: 6 Ohio 261, at 303 thru 304 (1856).
• The ORIGINAL citizens of the United States were those who were members or citizens
of the States forming the same at the time the nation was established, and the natural‐born
citizens of the United States are the descendants of these, and of persons who have become
naturalized pursuant to laws enacted by Congress in accordance with the Constitution. Citizens
by naturalization enjoy the same rights, privileges, and immunities that are enjoyed by natural‐
born citizens, with the exception that, under the Constitution, they are not eligible to the offices
of President and Vice‐President.
Among these rights, are the right of a citizen of one State to pass without molestation into any
other State for the purpose of engaging in lawful commerce, trade, or business, or of pursuing
pleasure in a lawful manner; to acquire personal property; to take and hold real property; to
bring and defend actions in the State courts; and to be exempt from any higher rate of taxes
than are imposed by the State upon its own citizens [Ward v. State of Maryland, 79 U.S. 418,
430 (Constitution U.S., Article IV, Section 2), and from being deprived by the State of life,
liberty, or property without due process of law, together with the right to demand the equal
protection of the laws of the State (ibid., Article XIV, section1).
Allegiance seems to be the term adopted to express in one word all the burdens and
obligations of the Citizens of a State or nation.” The Executive Documents of the House of
Representatives for the First Session of the Fifty‐Second Congress, Executive Document 1,
Part 5, Report of the Commissioner of Indian Affairs, Department of the Interior, Office of Indian
Affairs, October 1, 1891, page 22 thru 24.
• A Citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, was at this time, a
citizen of the several States (united)
• The Commissioner, T. J. Morgan, (page 146) makes a mistake. He concludes that a citizen
of a State is the same as a citizen of the several States.
This was probably due to reading the Syllabus to the Slaughterhouse Cases, which does
this.
Specifically it states: “The first clause of the fourteenth article was primarily intended to confer
citizenship on the negro race, and secondly to give definitions of citizenship of the United
States and citizenship of the States, and it recognizes the distinction between citizenship of a
State and citizenship of the United States by those definitions.” Slaughterhouse Cases: 83
U.S. (Wall. 16) 36, at 37 (1873).
It should read:
“The first clause of the fourteenth article was primarily intended to confer citizenship on the
negro race, and secondly to give definitions of citizenship of the United States and citizenship of
a State, and it recognizes the distinction between citizenship of a State and citizenship of the
United States by those definitions.”
• A Citizen of a State is not the same as a citizen of the several States. Privileges and
immunities of Citizen of a State are located in the Constitution and laws of an individual State:
• The U.S. in this case, is the federal corporation the District of Columbia, also known as
USDC or the UNITED STATES. It was created by the congressional act of 1871. Also see
28 USC 3002 (15) "United States" means- (A) a Federal corporation; So a U.S. citizen is a
citizen of this federal corporation, and not a union State or USA republic. So now it's
easy to see that a U.S. citizen is a legal fiction / U.S. corporation and has no rights
secured by the constitution
State citizenship case law
• U.S. v. Anthony 24 Fed. 829 (1873) "The term resident and citizen of the United States
(this means 14th amendment citizen) is distinguished from a Citizen of one of the several
states, in that the former is a special class of citizen created by Congress."
• Remember that the U.S. citizen is a legal fiction, (a U.S. Corporation) with no rights. A
14th Amendment citizen has little rights. A State Citizen has absolute freedom and liberty
protected by our founding documents. You are not a legal fiction, nor a U.S.
corporation/US citizen, nor are you a 14th amendment citizen.
• You are a State Citizen of the state you were born in, which makes you a Citizen of all of
the States, and a non-citizen national and a Citizen of the United States as penned in
article 1 and 2 of the constitution.
"We have in our political system a government of the United States and a government of
each of the several States. Each one of these governments is distinct from the others,
and each has citizens of it's own..."
United States v. Cruikshank, 92 U.S. 542 (1875)
"...he was not a citizen of the United States, (again 14th amendment citizen) he was a
citizen and voter of the State,..." "One may be a citizen of a State an yet not a citizen of
the United States".
McDonel v. The State, 90 Ind. 320 (1883)
"That there is a citizenship of the United States (again a 14th amendment citizen) and
citizenship of a state,..."
"A citizen of the United States is a citizen (14th amendment citizen) of the federal
government ..."
Kitchens v. Steele, 112 F.Supp 383
"Taxpayers are not [de jure] State Citizens." Belmont v. Town of Gulfport, 122 So. 10.
State v. Manuel, 20 NC 122: "the term 'citizen' in the United States, (means United States
citizen or legal fiction) is analogous to the term `subject' in common law; the change of
phrase has resulted from the change in government."
Supreme Court: Jones v. Temmer, 89 F. Supp 1226:
"The privileges and immunities clause of the 14th Amendment protects very few rights
because it neither incorporates the Bill of Rights, nor protects all rights of individual
citizens. 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."
A more recent case is Crosse v. Bd. of Supervisors, 221 A.2d 431 (1966) which says:
"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." Citing U.S. v. Cruikshank, supra.(confusing, but recognizes State citizenship)
The courts presume you to be a federal citizen, without even telling you that there are
different classes of citizens. It is up to you dispute this. Use your passport and the actual
birth certificate. See...
"Unless the defendant can prove he is not a citizen of the United States, the IRS has the
right to inquire and determine a tax liability." U.S. v. Slater, 545 Fed. Supp. 179,182 (1982).
(This one is misusing the term citizen of the United States for the purpose of confusion.
It is a little tongue in cheek to say, a citizen who is a United States citizen)
"There are, then, under our republican form of government, two classes of citizens, one
of the United States and one of the state". (Again making a distinction between a 14th
amendment citizen and a State Citizen)
Gardina v. Board of Registrars of Jefferson County, 160 Ala. 155; 48 So. 788 (1909)
"The governments of the United States and of each state of the several states are distinct
from one another. The rights of a citizen under one may be quite different from those
which he has under the other".
Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)
From the above Supreme Court ruling, one can see the term "United States" has
several meanings, which have been designated (1), (2), (3) and (G). The term "United
States" can mean (1) the Nation, (2) the Federal territories over which the Federal
Government's sovereignty extends, and (3) the 50 Union states united by and under
the Constitution. The term "United States" can also mean (G), the Federal government
itself. These meanings are annotated as follows:
United States 1 — The United States of America — the Nation (political sense)
United States 2 — D.C., Federal Territory and possessions — (geographical sense)
United States 3 — The 50 Union states — (geographical sense)
United StatesG — The Federal government — (corporate sense)