Nationality v. Domicile

Below is a summary of the interplay between “nationality” and “domicile”:

  1. Nationality:
    1. Is a political status.
    2. Is a product of birth or naturalization.
    3. Is NONGEOGRAPHICAL. You can have ALLEGIANCE ANYWHERE you physically are.
    4. 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.
    5. Is defined by the Constitution, which is a political document, or by Title 8 of the U.S. Code.
    6. Is synonymous with being a “national” within statutory law.
    7. Is associated with a specific COUNTRY.
    8. 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).
  2. Domicile:
    1. Is a civil status.
    2. Is ALWAYS GEOGRAPHICAL. You can’t have a domicile that is NOT tied to a specific physical geographical place.
    3. 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).
    4. Always requires your consent and therefore is discretionary. 
    5. Is not even addressed in the constitution.
    6. Is defined by civil statutory law RATHER than the constitution.
    7. Is in NO WAY connected with one’s nationality.
    8. Is usually connected with the word “person”, “citizen”, “resident”, or “inhabitant” in statutory law.
    9. Is associated with a specific COUNTY and a STATE rather than a COUNTRY.
    10. Implies one is a “SUBJECT” of a SPECIFIC MUNICIPAL but not NATIONAL government.