An Overview of Citizenship in the United States since the Adoption of the Fourteenth Amendment

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Since the adoption of the Fourteenth Amendment, there are three sets of privileges and immunities. Privileges and immunities of citizens of the United States are located at Section 1, Clause 2 of the Fourteenth Amendment. Privileges and immunities of citizens of a State are to be found in the constitution and laws of the individual State (McKane v. Durston, 153 U.S. 684, at 687 1894). Privileges and immunities of citizens of the several States are designated at Article IV, Section 2, Clause 1 of the Constitution (Hodges v. United States, 203 U.S. 1, at 15 1906; Slaughterhouse Cases, 83 (16 Wall.) 36, at 75 thru 76 1873). Privileges and immunities of a citizen of the United States arise out of the nature and essential character of the Federal government, and granted or secured by the Constitution. (Duncan v. Missouri, 152 U.S. 377, 382 1894). Privileges and immunities of a citizen of a State are to be found with the individual State's constitution and laws. (McKane v. Durston, supra). Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell by Mr. Justice Washington. (Hodges v. United States, supra). A citizen of the United States is entitled to privileges and immunities of a citizen of a State under Section 1, Clause 1 of the Fourteenth Amendment. A citizen of a State is entitled to privileges and immunities of a citizen of the several States under Article IV, Section 2, Clause 1 of the Constitution (Harris v. Balk, 198 U.S. 215, at 223 1905). A citizen of the United States is not entitled to privileges and immunities of a citizen of the several States, and a citizen of the several States is not entitled to privileges and immunities of a citizen of the United States. Therefore, there is now a citizen of the United States AND a citizen of a State under Section 1, Clause 1 of the Fourteenth Amendment; and also a citizen of a State AS WELL AS a citizen of the several States under Article IV, Section 2, Clause 1 of the Constitution.
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  An Overview of Citizenship in the United Statessince the Adoption of the Fourteenth Amendment  ©2010Dan Goodman Since the Adoption of the Fourteenth Amendment, there are three sets of privileges and immunities in the United States. This is shown in the SlaughterhouseCases :. . . Not only may a man be a citizen of the United States without being acitizen of a State, but an important element is necessary to convert theformer into the latter. He must reside within the State to make him a citizenof it . . . .It is quite clear, then, that there is a citizenship of the United States, and acitizenship of a State, which are distinct from each other, and which dependupon different characteristics or circumstances in the individual. . . . .Of the  privileges and immunities of the citizen of the United States , andof the  privileges and immunities of the citizen of the State , and what theyrespectively are, we will presently consider; but we wish to state here that it is only the former which are placed by this clause (first section, secondclause) under the protection of the Federal Constitution, and that the latter,whatever they may be, are not intended to have any additional protection bythis paragraph of the (Fourteenth) amendment. . . . . Slaughterhouse Cases:83 (16 Wall.) 36, at 74 (1873). http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA74#v=onepage&q=&f=false  And:We think this distinction and its explicit recognition in this [theFourteenth] Amendment of great weight in this argument, because the next paragraph of this same section (first section, second clause), which is the onemainly relied on by the plaintiffs in error, speaks only of   privileges and immunities of citizens of the United States , and does not speak of those(  privileges and immunities) of citizens of the several states . Theargument, however, in favor of the plaintiffs, rests wholly on the assumptionthat the citizenship is the same and the privileges and immunities guaranteedby the clause are the same. . . . .Fortunately we are not without judicial construction of this clause of the  Constitution (Article IV, Section 2, Clause 1). The first and leading case of thesubject is that of  Corfield v. Coryell  , decided by Mr. Justice Washington in theCircuit Court for the District of Pennsylvania in 1823.The inquiry, he says is, what are the PRIVILEGES AND IMMUNITIES OFCITIZENS OF THE SEVERAL STATES ? . . .This definition of the PRIVILEGES AND IMMUNITIES OF CITIZENS OFTHE STATES is adopted in the main by this court in the recent case of  W  ard v. The State of Maryland  . Slaughterhouse Cases: 83 (16 Wall.) 36, at 74, 76(1873). (See Note 1 ) http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA74#v=onepage&q=&f=false  The three sets of privileges and immunities are: privileges and immunities of acitizen of the United States; privileges and immunities of a citizen of a State;privileges and immunities of a citizen of the several States.Privileges and immunities of a citizen of the United States are located at Section 1,Clause 2 of the Fourteenth Amendment: No State shall make or enforce any law which shall abridge the privilegesor immunities of citizens of the United States. Privileges and immunities of citizen of a State are located in the constitution andlaws of an individual State:. . . Whatever may be the scope of section 2 of article IV  and we neednot, in this case enter upon a consideration of the general question  theConstitution of the United States does not make the privileges andimmunities enjoyed by the citizens of one State under the constitution andlaws of that State, the measure of the privileges and immunities to beenjoyed, as of right, by a citizen of another State under its constitution andlaws. McKane v. Durston: 153 U.S. 684, at 687 (1894). http://books.google.com/books?id=mmkUAAAAYAAJ&pg=PA687#v=onepage&q=&f=false  Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell  decided by Mr. Justice Washington in the Circuit Court for theDistrict of Pennsylvania in 1823:In the Slaughter House Cases , 16 Wall. 36, 76, in defining the privileges andimmunities of citizens of the several States, this is quoted from the opinion of Mr. Justice Washington in Corfield v. Coryell  , 4 Wash. Cir. Ct. 371, 380.Hodges v. United States: 203 U.S. 1, at 15 (1906).  http://books.google.com/books?id=HuEGAAAAYAAJ&pg=PA15#v=onepage&q=&f=false  The location for these privileges and immunities is Article IV, Section 2, Clause 1of the Constitution:Fortunately we are not without judicial construction of this clause of theConstitution (Article IV, Section 2, Clause 1). The first and leading case of thesubject is that of  Corfield v. Coryell  , decided by Mr. Justice Washington in theCircuit Court for the District of Pennsylvania in 1823.The inquiry, he says is, what are the privileges and immunities of citizens of the several States? . . .This definition of the privileges and immunities of citizens of the States isadopted in the main by this court in the recent case of  W  ard v. The State of Maryland  . Slaughterhouse Cases: 83 (16 Wall.) 36, at 75 thru 76 (1873). http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA75#v=onepage&q=&f=false  Corresponding to these three sets of privileges and immunities are threecitizenships; citizenship of the United States, citizenship of a State, and citizenship of the several States.Citizenship of the United States is located at Section 1, Clause 1 of the FourteenthAmendment: All persons born or naturalized in the United States, and subject to thejurisdiction thereof, are citizens of the United States. Citizenship of a State is recognized at the following provisions of the Constitution: All persons born or naturalized in the United States, and subject to thejurisdiction thereof, are citizens of the United States and of the State whereinthey reside. Section 1, Clause 1 of the Fourteenth Amendment. The Citizens of each State shall be entitled to all Privileges and Immunitiesof Citizens in the several States. Article IV, Section 2, Clause 1 of theConstitution of the United States (of America).Citizenship of the several States is designated at Article IV, Section 2, Clause 1 of the Constitution of the United States (of America):The intention of section 2, Article IV (of the Constitution), was to confer onthe citizens of the several States a  general citizenship . Cole v.Cunningham:133 U.S. 107, 113 thru 114 (1890).  http://books.google.com/books?id=oGYUAAAAYAAJ&pg=PA113#v=onepage&q=&f=false  Thus, for a citizen of the United States:Its privileges and immunities are located at Section 1, Clause 2 of theFourteenth Amendment and its citizenship is located at Section 1, Clause 1 of the Fourteenth Amendment.For a citizen of a State:Its privileges and immunities are to be found with the individual State'sconstitution and laws, its citizenship is to be found with the individual State'sconstitution and laws and to be found at Section 1, Clause 1 of the FourteenthAmendment and Article IV, Section 2, Clause 1 of the Constitution of theUnited States (of America).And for a citizen of the several States:Its privileges and immunities are designated at Article IV, Section 2, Clause1 of the Constitution ( Hodges v. United States, 203 U.S. 1, at 15), its citizenshipis designated at Article IV, Section 2, Clause 1 of the Constitution ( Cole v.Cunningham, 133 U.S. 107, at 113 thru 114).The privileges and immunities of a citizen of the United States arise out of thenature and essential character of the Federal government, and granted or securedby the Constitution. Duncan v. State of Missouri: 152 U.S. 377, 382 (1894). http://books.google.com/books?id=ZGkUAAAAYAAJ&pg=PA382#v=onepage&q&f=false  The privileges and immunities of a citizen of a State are to be found with theindividual State's constitution and laws. ( McKane v. Durston, supra)The privileges and immunities of a citizen of the several States are those describedin Corfield v. Coryell  by Mr. Justice Washington. ( Hodges v. United States, supra)A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, isentitled to the privileges and immunities of citizens of the several States:There can be no doubt that Balk, as a citizen of the State of North Carolina,had the right to sue Harris in Maryland to recover the debt which Harrisowed him. Being a citizen of North Carolina, he was entitled to all theprivileges and immunities of citizens of the several States, one of which is theright to institute actions in the courts of another State. Harris v. Balk: 198U.S. 215, at 223 (1905). http://books.google.com/books?id=ceIGAAAAYAAJ&pg=PA223#v=onepage&q=&f=false 
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