Citizenship and the Federal Courts after the Fourteenth Amendment

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Article III, Section 2 of the Constitution of the United States (of America) provides that “[t]he judicial Power shall extend to controversies between Citizens of different States” as well as to controversies between citizens of a State and "foreign States, citizens or subjects." Jurisdiction then of the courts of the United States is declared to extend to controversies between “citizens of different States" as well as to controversies between citizens of a State and "foreign States, citizens or subjects."

The Fourteenth Amendment was adopted on July 28, 1868.

Did the amendment affect or modify Article III, Section 2 of the Constitution of the United States (of America). The answer is no. Robertson v. Cease: 97 U.S. 646 (1878).

A citizen of the United States, therefore, is to aver that he or she is a citizen of the United States and a citizen of a State in a legal proceeding in a federal court. Steigleider v. McQuesten: 198 U.S. 141 (1905). While a citizen of a State is to aver that he or she is a citizen of a State. Steigleider v. McQuesten, supra. A citizen of a State is to aver also that he or she is a citizen of the several States. See Footnote 6 of the article for legal authority.

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