Diversity of Citizenship and a Citizen of the United States

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In my work “Diversity of Citizenship and a Citizen of a State who is not a Citizen of the United States”, I showed in the cases of Bondurant v. Watson (103 U.S. 281, 1880) and Sun Printing & Publishing Association v. Edwards (194 U.S. 377, 1904) that one who is a citizen of the United States and a citizen of a State (Fourteenth Amendment), as well as one who is a citizen of a State who is not a citizen of the United States (Article IV, Section 2, Clause 1 of the Constitution), has the requisite citizenship to give a circuit court of the United States jurisdiction in a diversity of citizenship suit.

In my work “Diversity of Citizenship includes a Citizen of a State who is not a Citizen of the United States”, I made the following statement: “A citizen of the United States is to identified his citizenship in a federal court by averring that he or she is a citizen of the United States AND a citizen of a State of the Union. . . . The reason for this is that a citizen of the United States can be a citizen of the United States without being a citizen of a State, as in the case of living overseas (aboard)."

In this work I show that unless one who is a citizen of the United States does not aver in a diversity of citizenship suit that he or she is a citizen of the United States that he or she will be presumed to be a citizen of a State; Brown v. Keene (33 U.S. (Peters 8) 112, 1834), and that if one is a citizen of the United States, he or she still must aver that he or she is a citizen of the United States AND a citizen of a State of the Union in a diversity of citizenship suit; that the Fourteenth Amendment did not change this requirement; Wood v. Wagon (6 U.S. (2 Cranch) 1, 1804), Robertson v. Cease (97 U.S. 646, 1878), Steigleder v. McQuesten (198 U.S. 141, 1905).

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Published In: Civil Procedure Updates, Constitutional Law 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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