Nationality v. Domicile
Below is a summary of the interplay between “nationality” and “domicile”:
- Nationality:
- Is a political status.
- Is a product of birth or naturalization.
- Is NONGEOGRAPHICAL. You can have ALLEGIANCE ANYWHERE you physically are.
- Is not necessarily consensual or discretionary. For instance, acquiring nationality by birth in a specific place was not a matter of choice whereas acquiring it by naturalization is.
- Is defined by the Constitution, which is a political document, or by Title 8 of the U.S. Code.
- Is synonymous with being a “national” within statutory law.
- Is associated with a specific COUNTRY.
- Is called a “political citizen” or a “citizen of the United States in a political sense” by the courts to distinguish it from a STATUTORY citizen. See Powe v. United States, 109 F.2d. 147 (1940).
- Domicile:
- Is a civil status.
- Is ALWAYS GEOGRAPHICAL. You can’t have a domicile that is NOT tied to a specific physical geographical place.
- Is ALWAYS tied to definitions relating to the GEOGRAPHICAL context for the word used. For instance “U.S. person” in 26 U.S.C. §7701(a)(30).
- Always requires your consent and therefore is discretionary.
- Is not even addressed in the constitution.
- Is defined by civil statutory law RATHER than the constitution.
- Is in NO WAY connected with one’s nationality.
- Is usually connected with the word “person”, “citizen”, “resident”, or “inhabitant” in statutory law.
- Is associated with a specific COUNTY and a STATE rather than a COUNTRY.
- Implies one is a “SUBJECT” of a SPECIFIC MUNICIPAL but not NATIONAL government.