state citizenship

by author Dan Goodman

(Report any broken links or commentary to the following address)
mhkeehn@gmail.com

Last Update: June 11, 2011 A. D.

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INTRODUCTION

Dan Goodman is the author of "State Citizenship Is Alive and Well." Initially, Dan offered a couple of documents related to State Citizenship to me for posting on my webpage. I welcomed the offer, and converted Dan's documents to Acrobat files. I well remember when someone I had recently met in the early 1990's suggested to me that there were two classes of citizenship in the United States and these two citizens were subject to different bodies of law. I quietly thought this guy had just fallen off a wagon load of pumpkins, but I listened patiently, looking for holes in his presentation. But as he went on, what he had to say became more intriguing, still it was quite alien to me. At the end of his little presentation, he gave me a legal cite to look at, and as he was walking off, I thought, next time you see me you had better be ready for me because I'm going to look at your legal cite.

Well, I looked at his legal cite and it suggested that he was correct. I couldn't believe it. I spent all my spare time for the next two and a half years looking into this issue of citizenship. At the end of this time I had finally connected the dots. He was right, there were two classes of citizenship, subject to different law, and these two classes had always been right in front of me in the fourteenth Amendment. If you read it, you will see there is a UNITED STATES citizen, and a State Citizen. Most of us hold both classes of citizenship, but it is possible to hold only one class of citizenship.

And State Citizeship is original citizenship of these united States of America. The Untion States were independent nation States at the signing of the constitution, and they were unwilling to give up that status, so the constitution did not form a country, it formed a UNION. And the original citizen of that UNION was the State Citizen.

There are probably not many things more important than our citizenship. It is our citizenship that determines our burdens and obligations. I suspect that most Americans are not aware there are two classes of citizenship in the United States. They are "State Citizen" and "United States citizen." And they each have their own burdens and obligations separate from the other. One class embraces freedom and the other serfdom.

If our goal is to be free, and we can be responsible for ourselves, or we care enough about our children and loved ones to want them to enjoy freedom, then perhaps it is to our benefit to develop an understanding of this issue. Otherwise, we should then feel free to assume the unpayable national debt created by leadership to enslave one class of citizen. If we can not be responsible for ourself, we cannot be free.

This issue of citizenship is also a passion of author Dan Goodman, who has continued to provide my website with documentation related to this subject. Over time, the amount of documentation Dan has provided has grown considerably, so much so that this page has been constructed strictly for his documents although it still resides on my website.

This is it folks! Author, Dan Goodman, has done it. Finally, proof comes from the Supreme Court itself that there are now two citizens under our Constitution since the adoption of the Fourteenth Amendment.

If you had (or have) any doubts, prepare yourself for a real shock. Read these articles and find out how the Supreme Court notified the legal profession (and the public) that the 14th Amendment converted the Comity Clause in the Constitution, that is; Article IV, Section 2, Clause 1, into a Citizenship Clause. Article IV, Section 2, Clause 1 now relates to a citizen of the several States. And this was done before the Slaughterhouse Cases! [Webmaster note: For those who do not know, the Slaughterhouse Cases are a Supreme Court decision directly related to citizenship]

The author has included a federal case in which the judge "examines if a corporation is a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution of the United States or if it is a citizen of the United States under the first section of the Fourteenth Amendment (from article)."

[Webmasters NOTE: Dan's style of writing tends to be technical, do not expect flowers. OK, here we go!]

Documents and Brief Outline of Content

The Slaughterhouse Cases (the complete Supreme Court decision): This supreme court case is directly related to citizenship, and because of its importance is included on this webpage related to citizenship. Author Goodman makes reference to this decision, therefore its inclusion seems appropriate.

Articles by author Dan Goodman, directly related to Slaughterhouse:

Slaughterhouse Cases, Two Citizens

Slaughterhouse Cases, Up Close

Two citizens under the Constitution

Privileges and Immunities of a Citizen of the several States

Mistake in the Syllabus

State Citizenship does not relate to Privileges and Immunities of citizens of the several States

Another Look at Slaughterhouse

YES!

Yes, there is a citizen of a State:

Yes there is a citizen of the several States: The Supreme Court, in the Slaughterhouse Cases, held, that there are now two citizens under the Constitution of the United States of America, a citizen of the United States, at Section 1 of the Fourteenth Amendment, and also a citizen of the several States, at Article IV Section 2 Clause 1 of the Constitution.

Privileges and immunities of a citizen of the several States are not the same as the privileges and immunities of a citizen of the United States. Privileges and immunities of a citizen of the United States arise "out of the nature and essential character of the Federal government, and granted or secured by the Constitution" (Duncan v. State of Missouri: 152 U.S. 377, at 382, 1894) or, in other words, "owe their existence to the Federal government, its National character, its Constitution, or its laws." (Slaughterhouse Cases: 83 (16 Wall.) U.S. 38, at 79, 1873). Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell decided by Mr. Justice Washington in the Circuit Court for the District of Pennsylvania in 1823.

It is to be noted that privileges and immunities of a citizen of the several States are not the same as privileges and immunities of a citizen of a State. Privileges and immunities of a citizen of a State are in the constitution and laws of a particular State.

A citizen of the several States is shown in 23 legal sources in this work, of which 11 are cases from the Supreme Court of the United States. A citizen of the several States, is a citizen of all the several States, generally or a citizen of the several States united.

Yes there are two citizens in the nation of the United States under international law: Before the Fourteenth Amendment, there was only a citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution of the United States of America. Such a citizen was also a citizen of the United States, under the law of nations (international law).

However, in the Slaughterhouse Cases (1873), the Supreme Court decided that because of the Fourteenth Amendment, citizenship of a State was to be separate and distinct from citizenship of the United States. A citizen of a State was to be considered as separate and distinct from a citizen of the United States. So now there is a citizen of a State and there is a citizen of the United States.

A citizen of the United States can become also a citizen of a State, under Section 1, Clause 1 of the Fourteenth Amendment. In such case then there would be a citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution and also a citizen of the United States AND a citizen of a State, under Section 1 of the Fourteenth Amendment.

A citizen of the United States, under Section 1 of the Fourteenth Amendment, is recognized as such under the law of nations. A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, is not recognized as such under international law. However, a citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, is entitled to privileges and immunities of a citizen of the several States, and as such, is also a citizen of the several States; that is, a citizen of all the several States, generally. Such citizenship is to be recognized as such, for purposes of international law; that is, a citizen of the several States is a citizen of the several States united.

Yes, a Citizen of a State is also a Citizen of the several States: Posted 6-11-2011

Term Legally Defined:

Citizen of a State legally defined:

Citizen of the Several States legally defined: There is a difference between a citizen of the States, and a Citizen of the Several States. This document defines the Citizen of the Several States.

Citizen of the States legally defined: AND this document legally defines the Citizen of the state.

Fourteenth Amendment:

The Fourteenth Amendment Created Two Citizens -- A Concise Explanation: The title of this article is correct. You are going to have to read it to see how the author is right. There is a surprise. Check this out: "Consequently, one who is created a citizen of the United States, is certainly not made a citizen of any particular State. It follows, that as it is only the citizens of the State who are entitled to all privileges and immunities of citizens of the several States, . . . then a distinction both in name and privileges is made to exist between citizens of the United States, ex vi termini, and citizens of the respective (several) States." Ex parte Frank Knowles: 5 Cal. 300, at page 304 (1855). [Before the Fourteenth Amendment]

The Effects of the Fourteenth Amendment on the Constitution of the United States

The Effects of the Fourteenth Amendment on the Constitution of the United States: More

The Fourteenth Amendment's effect on Article 4, Section 2, Clause 1:

The Fourteenth Amendment’s effects on Citizenship under the Constitution of the United States and under the Law of Nations:

Questions and Answers:

Questions and Answers on Citizenship in the United States:

Questions and Answers on Citizenship in the United States, More:

Questions and Answers on Citizenship in the United States, In Addition:

Other:

What was the holding of the Slaughterhouse cases? Posted April 9, 2011: The Slaughterhouse cases is probably the premier decision regarding citizenship in the United States. This posting reveals the holding of the court in language more easily comprehended than reading the entire decision. For those wanting to see the entire decision of the Court, it is posted on this web site.

Introduction to: "An Overview of Citizenship in the United States since the adoption of the 14th Amendment"

An Overview of Citizenship in the United States since the adoption of the 14th Amendment: It may be beneficial to rad the introduction before viewing the full document

Get It Right: Article IV, Section 2, Clause 1 is a Citizen Clause: The Supreme Court of the United States issued its opinion in the case of McDonald v. City of Chicago on June 28, 2010. In its decision, the Court held that the Second Amendment is incorporated into the Due Process Clause of the Fourteenth Amendment. "In sum,it is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty." (slip opinion, page 31).

The McDonald court did not addressed Petitioners Brief at page 44. The Supreme Court did not answer why Justice Miller quoted Article IV, Section 2, Clause 1 of the Constitution, on page 75 of the Slaughterhouse Cases, as "the privileges and immunities of citizens OF the several States" rather than "the privileges and immunities of citizens IN the several States."

The reason Justice Miller used "the privileges and immunities of citizens OF the several States" is that since the adoption of the Fourteenth Amendment there are now three sets of privileges and immunities in the country of the United States. This is shown in page 74 of the Slaughterhouse Cases.

The Supreme Court in the case of McDonald v. City of Chicago had a chance and opportunity to set things right with Article IV, Section 2, Clause 1 of the Constitution of the United States of America. However, they did not. Justice Miller, in the Slaughterhouse Cases, on page 75, changed the wording of Article IV, Section 2, Clause 1 to read: "the privileges and immunities of citizens OF the several States." In addition, he changed the wording in Justice Washington's opinion in Corfield v. Coryell, at pages 75 thru 76 to read: "The inquiry is, what are the privileges and immunities of citizens OF the several States?"

Taking the change of wording in Article IV, Section 2, Clause 1 of the Constitution with the change of wording in the opinion of Corfield v. Coryell, and add to this the fact that Corfield v. Coryell is the leading case on Article IV, Section 2, Clause 1 of the Constitution, one is led to the conclusion, without having read other cases on this issue, that Article IV, Section 2, Clause 1 of the Constitution of the United States was modified by the adoption of the Fourteenth Amendment. Just like Article III, Section 2, Clause 6 of the Constitution of the United States of America (“between a State and Citizens of another State.)” was modified by the Eleventh Amendment.

Article IV, Section 2, Clause 1 is now a Citizen Clause since the adoption of the Fourteenth Amendment. Legal authority quoted, cited and linked.

My View on Citizenship: Author Dan Goodman, who has provided the indepth citizenship overview in the numerous documents above, provides his on view on citizenhip (or Citizenship) in this document. The more informed will know there is a difference between lower case "c" citizen and uppercase "C" Citizen.

Two State Citizens in every State of the Union:

Diversity of Citizenship: Who is a State Citizen?

From Dred Scott to Slaughterhouse

A Look at Corfield (On Citizenship): This article deals with the case of Corfield v. Coryell. If you believe this case, opined by Justice Bushrod Washington, is legally dead, be prepared to be shocked. The author, Dan Goodman, shows that Corfield "is still the first, and leading opinion" on Article IV, Section 2, Clause 1 of the Constitution, the Privileges and Immunities clause. In addition, Dan proves how the Supreme Court, in the Slaughterhouse Cases, use Corfield to establish the privileges and immunities of Article VI, Section 2 to a citizen of the several states. My favorite, though, is that there are two citations (two different years) to the Corfield case, and that the Supreme Court makes references to both citations, with both different years (4 total). Finally, an embarrassment by the legal profession we can all be proud of.

State Citizenship: In a minute:

Section 1, Clause 1 of the Fourteenth Amendment:

Citizenship and Domicile: Before and After the Fourteenth Amendment: A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, has a domicile in a particular State. A citizen of the United States, under Section 1 of the Fourteenth Amendment has only a residence in a particular State.

Discover that a citizen of the United States has to have a domicile in the United States and not in a particular State. Legal authority quoted, cited, and linked.

Citizenship and the Federal Courts after the Fourteenth Amendment:

Shall be entitled to all Privileges and Immunities of citizens IN and OF the several states:

Getting a Passport as a citizen of a State under Article IV, Section 2, Clause 1 of the Constitution of the United States of America: There are two provisions that relate to getting a passport in the United States (of America). The first provision deals with citizenship. The second concerns identity. This article deals with the first.

22 U.S.C. 212 no longer applies to a citizen of the United States. In 1902, 22 U.S.C. 212 was changed. In the "Act June 14, 1902, substituted 'those owing allegiance, whether citizens or not, to the United States' for 'citizens of the United States." Amendments, 22 U.S.C. 212 (2010). In addition, at 22 U.S.C. 211(a) (2010), it states:

"The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other employees of the Department of State who are citizens of the United States as the Secretary of State may designate."


If 22 U.S.C. 212 applied only to citizens of the United States, then the section would have been changed back when Title 22 was being compiled, to be consistent with 22 U.S.C. 211(a). However, this was not done. Which means 22 U.S.C. 212 does not apply to only citizens of the United States.

The reason this is so is because there are two citizens in the nation of the United States which owe allegiance to the United States; the first, is a citizen of the United States, under Section 1 of the Fourteenth Amendment; and the second, is a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution of the United States of America. A citizen of the United States owes allegiance to the United States. A citizen of the several States owes allegiance to the United States also; that is, the several States united.

Before the Fourteenth Amendment, a citizen of the United States was considered to be a citizen of the several States united. However, after the adoption of the Fourteenth Amendment, the Supreme Court of the United States, in the Slaughterhouse Cases, split the two equivalent terms. Thereafter, there was a citizen of the United States and a citizen of the several States (united).


A citizen of the several States is a citizen of the several States united. In Cole v. Cunningham (133 U.S. 107, at 113 thru 114, 1890) the Supreme Court of the United States held that "the intention of section 2 of Article 4 was to confer on the citizens of the several States a GENERAL CITIZENSHIP." For purposes of international law, that means a citizen of the several States is a citizen of the several States united. It also means that the United States government has a dual role. It has its own citizens, under the Fourteenth Amendment, while also representing the several States united; for foreign affairs, and its citizens

More information on getting a passport as a Citizen of a [Union] State and not of the United States under Article IV, Section 2, Clause 1:

Getting A Passport as a Citizen of a State under Article IV, Section 2, Clause 1, of the Constitution of the united States of America, In Addition: This document conatins additional insight and comprehension related to the process of State Citizens getting a passport without United States citizenship. For the newcomer, there are two legal citizenship status classifications in the United States, and if one doubts this it is only necessary to read the fourteenth amendment to the constitution. Each class is separate and distinct from the other, each with its own burdens and obligaions, and each subject to different bodies of law. Therefore, if the viewer is not familiar with these matters, this document is not the place to start, you need to review some of the documentation above to acquire a broader knowledge. For the more sophisticated researcher, this document provides additional information and comprehension for the process of acquiring a "United States" passport with State Citizenship only and without United States citizenship.

AN INTRODUCTION TO THIS DOCUMENT BY ITS AUTHOR, DAN GOODMAN:
Before the Fourteenth Amendment, a citizen of a State was also a citizen of the United States. Before the Fourteenth Amendment, a citizen of the United States was the same as a citizen of the several States united. Therefore, a citizen of a State, before the Fourteenth Amendment, was also a citizen of the several States united.

However, the Fourteenth Amendment changed that. 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).

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 of the Constitution, is entitled to privileges and immunities of a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution, and as such is now also a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution.

A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, is a citizen of the several States, when on the high seas. As such a citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, is a citizen of the several States under international law (law of nations). And, as such, is entitled to a passport since as a citizen of the several States, such a person owes allegiance to the several States united; that is, the United States.

Yes, a citizen of a State under Article IV, Section 2, Clause 1 of the Constitution of the united States of America, can obtain a passport: Posted 6-11-2011

A guide to the constitution: This document proivdes a fairly indepth understanding of the Constitution for the united States of America.