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 I

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Published In: Constitutional Law Updates, Elections & Politics Updates, Immigration Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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