Yes there is a citizen of a State

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Before the Fourteenth Amendment, there was only a citizen of a State, under Art. IV, Sect. 2, Clause 1 of the Constitution of the United States of America. Such a citizen was also a citizen of the United States, under the law of nations (international law).

However, in the Slaughterhouse Cases (1873), the Supreme Court decided that because of the Fourteenth Amendment, citizenship of a State was to be separate and distinct from citizenship of the United States. A citizen of a State was to be considered as separate and distinct from a citizen of the United States.

One can be a citizen of the United States and not a citizen of a State. And, one can be a citizen of a State and not a citizen of the United States.

So there is a citizen of a State and also a citizen of the United States. In addition, there are now two citizens, a citizen of a State, under Art. IV, Sect. 2, Clause 1 of the Constitution of the United States of America and also a citizen of the United States, under Sect. 1 of the Fourteenth Amendment.

A citizen of the United States can become also a citizen of a State, under Sect. 1, Clause 1 of the Fourteenth Amendment. In such case then there would be a citizen of a State, under Art. IV, Sect. 2, Clause 1 of the Constitution and also a citizen of the United States and a citizen of a State, under Sect. 1 of the Fourteenth Amendment.

Therefore, in any State of the Union, there are two State citizens, a citizen of a State, under Art. IV., Sect 2, Clause 1 of the Constitution, and also a citizen of a State (and a citizen of the United States), under Sect 1., Clause 1 of the Fourteenth Amendment. The only difference between them is that a citizen of a State, under Art IV., Sect. 2, Clause 1 of the Constitution, is one born in a State of the Union; that is a native born citizen whereas a citizen of a State, under Sect. 1, Clause 1 of the Fourteenth Amendment, is also a citizen of the United States residing in a particular State.

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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

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