National citizenship

National citizenship consists of POLITICAL membership in a NATION. The Constitution of the United States of America is a political document which applies to its political members. This political membership is referred to as “subject to THE jurisdiction” in the Fourteenth Amendment, in the case of state citizenship.

NATIONALITY (political status)=citizenship + allegiance

“citizenship” above can be acquired either through:

  1. The Fourteenth Amendment in the case of those born within the exclusive jurisdiction of states of the Union or
  2. 8 U.S.C. §1401 in the case of those born:
    2.1. Abroad to American parents.
    2.2 Within the exclusive jurisdiction of the national government in territories, federal enclaves, and Indian reservations.

Not that 8 U.S.C. §1401 above does NOT also encompass Fourteenth Amendment citizens. You can’t be a Fourteenth Amendment citizen and an 8 U.S.C. §1401 “national and citizen of the United States at birth” at the SAME time. Its ONE or the OTHER.

Allegiance is established by taking an oath per 8 C.F.R. §337.1.

“Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen — a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens.“

[Minor v. Happersett, 88 U.S. 162, 167 (1874) ]

“[T]he privileges and immunities clause protects all citizens against abridgement by states of rights of national citizenship as distinct from the fundamental or natural rights inherent in state citizenship.”

[Madden v. Commonwealth of Kentucky, 309 U.S. 83, 90-91 (1940);
SOURCE: https://scholar.google.com/scholar_case?case=1599685465547047898]