Getting a Passport as a citizen of a State under Article IV, Section 2, Clause 1 of the Constitution of the United States of America

more+
less-

There are two provisions that relate to getting a passport in the United States (of America). The first provision deals with citizenship. The second concerns identity. This article deals with the first.

22 U.S.C. 212 no longer applies to a citizen of the United States. In 1902, 22 U.S.C. 212 was changed. In the “Act June 14, 1902, substituted ‘those owing allegiance, whether citizens or not, to the United States’ for ‘citizens of the United States.” Amendments, 22 U.S.C. 212 (2010). In addition, at 22 U.S.C. 211(a) (2010), it states:

“The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other employees of the Department of State who are citizens of the United States as the Secretary of State may designate.”

If 22 U.S.C. 212 applied only to citizens of the United States, then the section would have been changed back when Title 22 was being compiled, to be consistent with 22 U.S.C 211(a). However, this was not done. Which means 22 U.S.C. 212 does not apply to only citizens of the United States.

The reason this is so is because there are two citizens in the nation of the United States which owe allegiance to the United States; the first, is a citizen of the United States, under Section 1 of the Fourteenth Amendment, and the second, is a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution of the United States of America. A citizen of the United States owes allegiance to the United States. A citizen of the several States owes allegiance to the United States also; that is, the several States united.

Before the Fourteenth Amendment, a citizen of the United States was considered to be a citizen of the several States united. However, after the adoption of the Fourteenth Amendment, the Supreme Court of the United States, in the Slaughterhouse Cases, split the two equivalent terms. Thereafter, there was a citizen of the United States and a citizen of the several States (united).

A citizen of the several States is a citizen of the several States united. In Cole v. Cunningham (133 U.S. 107, at 113 thru 114, 1890) the Supreme Court of the United States held that 'the intention of section 2 of Article 4 was to confer on the citizens of the several States a GENERAL CITIZENSHIP." For purposes of international law, that means a citizen of the several States is a citizen of the several States united. It also means that the United States government has a dual role. It has its own citizens, under the Fourteenth Amendment, while also representing the several States united; for foreign affairs, and its citizens.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Constitutional Law Updates, Immigration Updates, International Trade Updates, Transportation 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.

© Dan Goodman | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

View Profile »


Follow Dan Goodman:

Reporters on Deadline