State citizenship
State citizenship occurs by birth or naturalization within the exclusive jurisdiction of a constitutional state under the authority of the Fourteenth Amendment and 8 U.S.C. §1427. The result is POLITICAL membership in a nation as a citizen*. Those wishing to ALSO be a CIVIL/DOMICILED citizen within the exclusive jurisdiction of a constitutional state must also choose a domicile within a specific political subdivision within that state such as a county.
Political status (citizen*) asks: Are you a member of this home, and are you faithful to the family?
Civil status (citizen**+D) asks: Are you a CIVIL/LEGAL member of the home subject to the CIVIL statutory laws of this home, and in what room do you live? Two very different issues, which when considered together, paint the complete picture.
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.
[U.S. Const. amend. XIV, § 1, cl. 1;
SOURCE: https://law.justia.com/constitution/us/amendment-14/]
This District had been a part of the States of Maryland and Virginia. It had been subject to the Constitution, and was a part of the United States. The Constitution had attached to it irrevocably. There are steps which can never be taken backward. The tie that bound the States of Maryland and Virginia to the Constitution could not be dissolved, without at least the consent of the Federal and state governments to a formal separation. The mere cession . . . to the Federal government relinquished the authority of the states, but it did not take it out of the United States or from under the aegis of the Constitution.
[Downes v. Bidwell, 182 U.S. 244, 260-61 (1901);
SOURCE: https://scholar.google.com/scholar_case?case=9926302819023946834]
The persons declared to be citizens are “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.
[Elk v. Wilkins, 112 U.S. 94, 101-02 (1884);
SOURCE: https://scholar.google.com/scholar_case?case=15118083235858813035]
Lets look at the difference between citizenship of the United States and citizenship of a State:
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. (16 Wall.) 36, 74 (1872);
SOURCE: https://scholar.google.com/scholar_case?case=12565118578780815007]
So we can see that the courts will treat us differently depending on how we aver our status in court pleads as EITHER:
- U.S. person: U.S. citizen and resident of Texas
- Nonresident alien: Citizen of the State of Texas and resident of Bexar County
Lets apply this concept further:
“[Plaintiff] states . . . she is a citizen of the United States, and . . . a resident of Chicago, in the State of Illinois. The fourteenth amendment declares that citizens of the United States are citizens of the State within which they reside; therefore the plaintiff was, at the time of making her application, a citizen of the United States and a citizen of the State of Illinois.
We do not here mean to say that there may not be a temporary residence in [Illinois], with intent to return to another [Vermont], which will not create citizenship in the former. But the plaintiff states nothing to take her case out of the definition of citizenship of a State as defined by the first section of the fourteenth amendment.
[Bradwell v. the State, 83 U.S. 130, 138 (1872);
SOURCE: https://scholar.google.com/scholar_case?case=15649619105552016921]