a Citizen of one of the several states, in the republic in its De’jure capacity, as one of the several states of the Union 1789 . As distinguished from a “citizen of the United States,” which is created and defined by the fourteenth amendment.
Owing allegiance to a state (ie: Californian, Floridian, etc.) and though not citizens of the United States, owe permanent allegiance to the United States
“The fourteenth amendment creates and defines citizenship of the United States. It had long been contended, and had been held by many learned authorities, and had never been judicially decided to the contrary, that there was no such thing as a citizen of the United States, except as that condition arose from citizenship of some state. No mode existed, it was said, of obtaining a citizenship of the United States, except by first becoming a citizen of some state. This question is now at rest. The fourteenth amendment defines and declares who shall be citizens of the United States, to wit, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” The latter qualification was intended to exclude the children of foreign representatives and the like. With this qualification, every person born in the United States or naturalized is declared to be a citizen of the United States and of the state wherein he resides.”— UNITED STATES V. ANTHONY. [11 Blatchf. 200; 5 Chi. Leg. News. 462, 493; 17 Int. Rev. Rec. 197; 30 Leg. Int. 266; 5 Leg. Op. 63; 20 Pittsb. Leg. J. 199.] Circuit Court, N. D. New York. June 18, 1873.
“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.”— Slaughter House Cases, 83 U.S. 36 (1872).
“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 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 these governments will be different from those he has under the other.”— Slaughter House Cases United States vs. Cruikshank, 92 U.S. 542 (1875).
“One may be a citizen of a State and yet not a citizen of the United States.”— Thomasson v. State, 15 Ind. 449; Cory v. Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis. 443. [McDonel v. State, 90 Ind. 320, 323 (1883)] [underlines added].
”The first clause of the fourteenth amendment of the federal Constitution made negroes citizens of the United States**, and citizens of the state in which they reside, and thereby created two classes of citizens, one of the United States** and the other of the state.”— [4 Dec. Dig. ’06, p. 1197, sec. 11][“Citizens” (1906), emphasis added].
“That there is a citizenship of the United States and a citizenship of a state, and the privileges and immunities of one are not the same as the other is well established by the decisions of the courts of this country.”— [Tashiro v. Jordan, 201 Cal. 236 (1927)].
“… 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] [221 A.2d 431 (1966)].
« Back to Glossary Index“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 (USDC/DCO 1993)]
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