Natural (Native) Born Citizen Defined: Before and After the Fourteenth Amendment

36 Pages Posted: 31 Mar 2010

See all articles by Dan Goodman

Dan Goodman

affiliation not provided to SSRN

Date Written: March 23, 2010

Abstract

Before the Fourteenth Amendment, the governments of the several States were considered separate and distinct sovereignties from each other as well as from the government of the United States. After the Fourteenth Amendment, the governments of the several states are still considered separate and distinct sovereignties from each other as well as from the government of the United States.

Before the Fourteenth Amendment, a native born citizen was a citizen of a State, and a native born citizen of the United States, when aboard. Before the Fourteenth Amendment, an alien or foreigner could become a naturalized citizen of the United States or a naturalized citizen of a State. A naturalized citizen of the United States domiciled in a State, became a citizen of that State; that is, a citizen of the United States AS WELL AS a citizen of a State. A naturalized citizen of a State became also a citizen of the United States; that is, a citizen of a State AS WELL AS a citizen of the United States. Before the Fourteenth Amendment, a naturalized citizen of the United States and a naturalized citizen of a State were also a naturalized citizen of the United States, when aboard.

Citizenship of the United States was established by the Supreme Court in the case of Dred Scott. Instead of distinguishing between a citizen of a State, under the constitution and laws of the individual State, and a citizen of a State, under the Constitution and laws of the United States, Chief Justice Tanney, in this case, made a distinction between a citizen of a State, under the constitution and laws of the individual State and a citizen of the United States under the Constitution and laws of the United States. Because of this, citizenship of the United States, became a constitutional reality, instead of being an international status.

After the Fourteenth Amendment, citizenship of a State and citizenship of the United States were held to be separate and distinct by the Supreme Court in the Slaughterhouse Cases. That a citizen of a State was separate and distinct from a citizen of a United States.

After the Fourteenth Amendment, a native born citizen is a citizen of a State, and a native born citizen of the several States, when aboard. After the Fourteenth Amendment, an alien or foreigner could become a naturalized citizen of the United States or a naturalized citizen of a State. A naturalized citizen of the United States residing in a State, becomes a citizen of that State; that is, a citizen of the United States AND a citizen of a State. A naturalized citizen of a State becomes also a citizen of the several States; that is, a citizen of a State AS WELL AS a citizen of the several States. After the Fourteenth Amendment, a naturalized citizen of the United States is a naturalized citizen of the United States, when aboard. After the Fourteenth Amendment, a naturalized citizen of a State is a naturalized citizen of the several States, when aboard.

After the Fourteenth Amendment, a citizen of the United States is one who is born in the United States and not a State. And naturalized in the United States and not naturalized in a State.

Regarding a foreign corporation, it is neither a citizen of the several States under Article IV, Section 2, Clause 1 of the Constitution of the United States (of America) nor a citizen of the United States under Section 1 of the Fourteenth Amendment. A corporation, before the Fourteenth Amendment, was not considered a citizen of a State, under the Constitution. After the Fourteenth Amendment, a corporation is neither considered a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution of the United States (of America) nor a citizen of the United States under Section 1 of the Fourteenth Amendment.

Keywords: native born citizen, naturalized citizen, native born citizen of a State, native born citizen of the United States, naturalized citizen of the several States, naturalized citizen of the United States, citizen of a State, citizen of the several States, citizen of the United States, or any of them

JEL Classification: H10, H11, K19, M49

Suggested Citation

Goodman, Dan, Natural (Native) Born Citizen Defined: Before and After the Fourteenth Amendment (March 23, 2010). Available at SSRN: https://ssrn.com/abstract=1578092 or http://dx.doi.org/10.2139/ssrn.1578092

Dan Goodman (Contact Author)

affiliation not provided to SSRN ( email )

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