The State Citizen is designed to provide accurate and authoritative information in regard to the subject matters covered.  However, The State Citizen is not engaged in rendering legal, accounting or other professional service.  If legal advice or other expert assistance is required, the services of a competent professional should be sought.

 

    The State Citizen, therefore, disclaims any responsibility for any liability or loss incurred as a consequence of the use and application, either directly or indirectly of any information presented herein.

 

    Contents of the The State Citizen copyrighted ©.

 

* * * * * * * 

 

Overview

 

    Before the ratification of the Fourteenth Amendment to the Constitution of the United States of America, one was considered a citizen of a State as well as a citizen of the United States, under Article IV, Section 2, Clause 1 of the Constitution.  However, after the ratification of the Fourteenth Amendment, in the Slaughterhouse Cases, it was held that citizenship of a State was separate and distinct from citizenship of the United States.  That a citizen of a State was separate and distinct from a citizen of the United States.

    Now one is either a citizen of a State or a citizen of the United States:

 

________________________                                                                                       ________________________

 

Yes there is a citizen of a State

and a citizen of the United States

©2011 Dan Goodman

(with permission)

 

 

        That there is a citizen of the United States, and a citizen of a State who is not a citizen of the United State is shown in the following case from the Supreme Court of the United States:

       “We come to the contention that the citizenship of Edwards was not averred in the complaint or shown by the record, and hence jurisdiction did not appear.

       In answering the question, whether the Circuit Court had jurisdiction of the controversy, we must put ourselves in the place of the Circuit Court of Appeals, and decide the question with reference to the transcript of record in that court.

       Had the transcript shown nothing more as to the status of Edwards than the averment of the complaint that he was a ‘resident of the State of Delaware,’ as such an averment would not necessarily have imported that Edwards was a citizen of Delaware, a negative answer would have been impelled by prior decisions.  Mexican Central Ry. Co. v. Duthie, 189 U.S. 76; Horne v. George H. Hammond Co., 155 U.S. 393; Denny v. Pironi, 141 U.S. 121; Robertson v. Cease, 97 U.S. 646.  The whole record, however, may be looked to, for the purpose of curing a defective averment of citizenship, where jurisdiction in a Federal court is asserted to depend upon diversity of citizenship, and if the requisite citizenship, is anywhere expressly averred in the record, or facts are therein stated which in legal intendment constitute such allegation, that is sufficient.  Horne v. George H. Hammond Co., supra and cases cited.

    As this is an action at law, we are bound to assume that the testimony of the plaintiff contained in the certificate of the Circuit Court of Appeals, and recited to have been given on the trial, was preserved in a bill of exceptions, which formed part of the transcript of record filed in the Circuit Court of Appeals.  Being a part of the record, and proper to be resorted to in settling a question of the character of that now under consideration, Robertson v. Cease, 97 U.S. 648, we come to ascertain what is established by the uncontradicted evidence referred to.

    In the first place, it shows that Edwards, prior to his employment on the New York Sun and the New Haven Palladium, was legally domiciled in the State of Delaware.  Next, it demonstrates that he had no intention to abandon such domicil, for he testified under oath as follows: ‘One of the reasons I left the New Haven Palladium was, it was too far away from home.  I lived in Delaware, and I had to go back and forth.  My family are over in Delaware.’  Now, it is elementary that, to effect a change of one’s legal domicil, two things are indispensable: First, residence in a new domicil, and, second, the intention to remain there.  The change cannot be made, except facto et animo.  Both are alike necessary.  Either without the other is insufficient.  Mere absence from a fixed home, however long continued, cannot work the change.  Mitchell v. United States, 21 Wall. 350.

    As Delaware must, then, be held to have been the legal domicil of Edwards at the time he commenced this action, had it appeared that he was a citizen of the United States, it would have resulted, by operation of the Fourteenth Amendment, that Edwards was also a citizen of the State of DelawareAnderson v. Watt, 138 U.S. 694.  Be this as it may, however, Delaware being the legal domicil of Edwards, it was impossible for him to have been a citizen of another State, District, or Territory, and he must then have been either a citizen of Delaware or a citizen or subject of a foreign State.  In either of these contingencies, the Circuit Court would have had jurisdiction over the controversy.  But, in the light of the testimony, we are satisfied that the averment in the complaint, that Edwards was a resident ‘of’ the State of Delaware, was intended to mean, and, reasonably construed, must be interpreted as averring, that the plaintiff was a citizen of the State of DelawareJones v. Andrews, 10 Wall. 327, 331; Express Company v. Kountze, 8 Wall. 342.”  Sun Printing & Publishing Association v. Edwards: 194 U.S. 377, at 381 thru 383  (1904). 

http://books.google.com/books?id=tekGAAAAYAAJ&pg=PA381#v=onepage&q&f=false

Also:

       “The act was considered in Johnson v. United States, 160 U.S. 546, and we there held that a person who was not a citizen of the United States at the time of an alleged appropriation of his property by a tribe of Indians was not entitled to maintain an action in the Court of Claims under the act in question.  There was not in that case, however, any assertion that the claimant was a citizen of a State as distinguished from a citizen of the United States.   . . .    [U]ndoubtedly  in a purely technical and abstract sense citizenship of one of the States may not include citizenship of the United States   . . .    Unquestionably, in the general and common acceptation, a citizen of the State is considered as synonymous with citizen of the United States, and the one is therefore treated as expressive of the other.  This flows from the fact that the one is normally and usually the other, and where such is not the case, it is purely exceptional and uncommon.”  United States v. Northwestern Express, Stage & Transportation Company: 164 U.S. 686, 688 (1897).  [Footnote 1]

http://books.google.com/books?id=xOQGAAAAYAAJ&pg=PA688#v=onepage&q=&f=false

 

________________________

Footnotes:

 

1.  And there is this:

       “As a man may be a citizen of a State without being a citizen of the United States, and as Section 1428, Revised Statutes, requires all officers of all United States vessels to be citizens of the United States, all officers of the Naval Militia must be male citizens of the United States as well as of the respective States, Territories, of the District of Columbia, of more than 18 and less than 45 years of age.”  General Orders of Navy Department (Series of 1913); Orders remaining in force up to January 29, 1918; General Order No. 153, Page 17, Para 73.

http://books.google.com/books?id=zYEtAAAAYAAJ&pg=PA17#v=onepage&q&f=false

Too:

       "Resident Aliens.  (a)  For purposes of any provision of this code that requires an applicant for a license or permit to be a United States citizen OR Texas citizen, regardless of whether it applies to an individual, a percentage of stockholders of a corporation, or members of a partnership, firm, or association, an individual who is not a United States citizen but who legally resides in the state is treated as a United States citizen AND a citizen of Texas.  (Added by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 18, eff. Aug. 27, 1979.)

Source:  Texas Alcoholic Beverage Code; Title 1, Chapter 1, Section 1.07

http://www.statutes.legis.state.tx.us/

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.1.htm#1.07

 

________________________                                                                                       ________________________

 

    In addition, a citizen of the United States can become also a citizen of a State, under Section 1, Clause 1 of the Fourteenth Amendment.  That is, a citizen of the United States and a citizen of a State.  So, in every State of the Union there are two state citizens, one under Section 1, Clause 1, of the Fourteenth Amendment and one under Article IV, Section 2, Clause 1 of the Constitution:

 

________________________                                                                                       ________________________

 

 

Two State citizens under the Constitution

of the United States of America

©2011 Dan Goodman

(with permission)

 

 

    Since the adoption of the Fourteenth Amendment, there are now two citizens under the Constitution of the United States.  The first is a citizen of the United States.  The second is a citizen of a State who is not a citizen of the United States.  Both have privileges and immunities of their own:

           “Of the privileges and immunities of the citizen of the United States, and of the privileges and immunities of the citizen of the State, and what they respective are, we will presently consider; but we wish to state here that it is only the former which are placed by this clause (Section 1, Clause 2 of the Fourteenth Amendment) under the protection of the Federal Constitution, and that the latter, whatever they may be, are not intended to have any additional protection by this paragraph of the amendment.”  Slaughterhouse Cases: 83 U.S. (16 Wall.) 36, at 74 (1873).  [Footnote 1]

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA74#v=onepage&q&f=false

And:

       “   . . .   There is no inherent right in a citizen to thus sell intoxicating liquors by retail.  It is not a privilege of a citizen of the State or of a citizen of the United States.”  Crowley v. Christensen: 137 U.S. 86, at 91 (1890).

http://books.google.com/books?id=htIGAAAAYAAJ&pg=PA91#v=onepage&q&f=false

 

       “   . . .   In the Constitution and laws of the United States, the word ‘citizen’ is generally, if not always, used in a political sense to designate one who has the rights and privileges of a citizen of a State or of the United States.”  Baldwin v. Franks: 120 U.S. 678, at 690 (1887). 

http://books.google.com/books?id=c04GAAAAYAAJ&pg=PA690#v=onepage&q&f=false

 

    A citizen of the United States can become also a citizen of a State, under Section 1, Clause 1 of the Fourteenth Amendment:

       “The question is presented in this case, whether, since the adoption of the fourteenth amendment, a woman, who is a citizen of the United States AND the State of Missouri, is a voter in that State, notwithstanding the provision of the constitution and laws of the State, which confine the right of suffrage to men alone.   . . .  

       There is no doubt that women may be citizens.  They are persons, and by the fourteenth amendment ‘all persons born or naturalized in the United States and subject to the jurisdiction thereof ‘ are expressly declared to be ‘citizens of the United States and of the State wherein they reside.’ “  Minor v. Happersett:  88 U.S. (21 Wall.) 162, at 165 (1874).

http://books.google.com/books?id=IEsGAAAAYAAJ&pg=PA165#v=onepage&q&f=false

       “The Fourteenth Amendment declares that citizens of the United States are citizens of the state within they reside; therefore the plaintiff was at the time of making her application, a citizen of the United States AND a citizen of the State of Illinois.

       We do not here mean to say that there may not be a temporary residence in one State, with intent to return to another, which will not create citizenship in the former.  But the plaintiff states nothing to take her case out of the definition of citizenship of a State as defined by the first section of the fourteenth amendment.” Bradwell v. the State of Illinois: 83 U.S. 130, at 138 (1873). 

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA138#v=onepage&q=&f=false

 

    In such case then there would be a citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution and also a citizen of the United States and a citizen of a State, under Section 1 of the Fourteenth Amendment:

       “   . . .   There is no inherent right in a citizen to thus sell intoxicating liquors by retail.  It is not a privilege of a citizen of the State or of a citizen of the United States.”  Crowley v. Christensen: 137 U.S. 86, at 91 (1890).

http://books.google.com/books?id=htIGAAAAYAAJ&pg=PA91#v=onepage&q&f=false

       “Another objection to the act is that it is in violation of section 2, art. 4, of the constitution of the United States, and of the fourteenth amendment, in that this act discriminates both as to persons and products.  Section 2, art. 4, declares that the citizens of each state shall be entitled to all the privileges and immunities of the citizens of the several states; and the fourteenth amendment declares that no state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.  But we have seen that the supreme court, in Crowley v. Christensen, 137 U.S. 91, 11 Sup. Ct. Rep. 15, has declared that there is no inherent right in a citizen to sell intoxicating liquors by retail.  It is not a privilege of a citizen of a state or of a citizen of the United States.”  Cantini v. Tillman: 54 Fed. Rep. 969, at 973 (1893).

http://books.google.com/books?id=Ehg4AAAAIAAJ&pg=PA973#v=onepage&q&f=false

    Therefore, in any State of the Union, there are two State citizens, a citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, and also a citizen of a State (and a citizen of the United States), under Section 1, Clause 1 of the Fourteenth Amendment.  [Footnote 2]

 

 

________________________

Footnotes:

 

1.  It is to be noted that privileges and immunities of a citizen of a State are in the constitution and laws of a particular State:

       “. . .   Whatever may be the scope of section 2 of article IV -- and we need not, in this case enter upon a consideration of the general question -- the Constitution of the United States does not make the privileges and immunities enjoyed by the citizens of one State under the constitution and laws of that State, the measure of the privileges and immunities to be enjoyed, as of right, by a citizen of another State under its constitution and laws.”  McKane v. Durston: 153 U.S. 684, at 687 (1894).

http://books.google.com/books?id=mmkUAAAAYAAJ&pg=PA687#v=onepage&q=&f=false

 

 

2.  “The Constitution forbids the abridging of the privileges of a citizen of the United States, but does not forbid the state from abridging the privileges of its own citizens.

    The rights which a person has as a citizen of the United States are those which the Constitution and laws of the United States confer upon a citizen as a citizen of the United States.  For instance, a man is a citizen of a state by virtue of his being resident there; but, if he moves into another state, he becomes at once a citizen there by operation of the Constitution (Section 1, Clause 1 of the Fourteenth Amendment) making him a citizen there; and needs no special naturalization, which, but for the Constitution, he would need.

    On the other hand, the rights and privileges which a citizen of a state has are those which pertain to him as a member of society, and which would be his if his state were not a member of the Union.  Over these the states have the usual power belonging to government, subject to the proviso that they shall not deny to any person within the jurisdiction (i.e., to their own citizens, the citizens of other states, or aliens) the equal protection of the laws.  These powers extend to all objects, which, in the ordinary course of affairs, concern the lives, liberties, privileges, and properties of people, and of the internal order, improvement, and prosperity of the state.  Federalist, No. 45”  Hopkins v. City of Richmond: 86 S. E. Rep. 139, at 145; 117 Va. 692; Ann. Cas. 1917D, 1114 (1915), citing the entire opinion of Town of Ashland v. Coleman, in its opinion (per curiam); overruled on other grounds, Irvine v. City of Clifton Forge: 97 S. E. Rep. 310, 310; 124 Va. 781 (1918), citing the Supreme Court of the United States case of Buchanan v. Warley, 245 U.S. 60; 38 Sup. Ct. 16, 62 L. Ed. 149. 

http://books.google.com/books?id=oDY8AAAAIAAJ&pg=PA145#v=onepage&q&f=false

 

Town of Ashland v. Coleman:

http://books.google.com/books?id=1SoZAAAAYAAJ&pg=PA427#v=onepage&q&f=false

 

    “. . .   It is contended that the 1st section of the Fourteenth Amendment has been violated?  That section declares that ‘all persons born in the United States are citizens of the United States and the State wherein they reside,’ and provides that ‘no State shall make or enforce any law which shall abridge the privileges or citizens of the United States, nor deny to any person within its jurisdiction the equal protection of the laws.’  This section, after declaring that all persons born in the United States shall be citizens (1) of the United States and (2) of the State wherein they reside, goes on in the same sentence to provide that no State shall abridge the privileges of citizens of the United States; but does not go on to forbid a State from abridging the privileges of its own citizens.  Leaving the matter of abridging the privileges of its own citizens to the discretion of each State, the section proceeds, in regard to the latter, only to provide that no State ‘shall deny to any person within its jurisdiction the equal protection of the laws.   . . .  

    The rights which a person has a citizen of a State are those which pertain to him as a member of society, and which would belong to him if his State were not a member of the American Union.  Over these the States have the usual powers belonging to government, and these powers ‘extend to all objects, which, in the ordinary course of affairs, concern the lives, liberties, (privileges), and properties of people; and of the internal order, improvement, and prosperity of the State.  Federalist, No. 45.   . . .   

    On the other hand, the rights which a person has as a citizen of the United States are such as he has by virtue of his State being a member of the American Union under the provisions of our National Constitution.  For instance, a man is a citizen of a State by virtue of his being native and resident there; but, if he emigrates into another State he becomes at once a citizen there by operation of the provision of the Constitution (Section 1, Clause 1 of the Fourteenth Amendment) making him a citizen there; and needs no special naturalization, which, but for the Constitution, he would need to become a citizen.”  Ex Parte Edmund Kinney: 3 Hughes 9, at 12 thru 14 (1879) [4th cir ct Va.].

http://books.google.com/books?id=pB0TAAAAYAAJ&pg=PA12#v=onepage&q&f=false

 

________________________                                                                                       ________________________

 

    A citizen of a State, under Section 1, Clause 1 of the Fourteenth Amendment, is one who is born in the United States, not a particular State:

       ”Not only may a man be a citizen of the United States without being a citizen of a State, but an important element is necessary to convert the former into the latter.  He must reside within the State to make him a citizen of it.”  Slaughterhouse Cases:  83 U.S. (16 Wall.) 36, at 74 (1873).

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA74#v=onepage&q&f=false

       “The language of the Fourteenth Amendment declaring two kinds of citizenship is discriminating.  It is: ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.’  While it thus establishes national citizenship from the mere circumstance of birth within the territory and jurisdiction of the United States, birth within a state does not establish citizenship thereof.  State citizenship is ephemeral.  It results only from residence and is gained or lost therewith.” Edwards v. People of the State of California: 314 U.S. 160, 183 (concurring opinion of Jackson)  (1941).

http://scholar.google.com/scholar_case?case=6778891532287614638

       “That all persons resident in this state, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Alabama, possessing equal civil and political rights.”  (Declaration of Rights) Article I, Section 2  Constitution of the State of Alabama of 1875

       Note: This provision is not in the current constitution of the State of Alabama.

http://www.legislature.state.al.us/misc/history/constitutions/1875/1875_1.html

 

    Citizenship in a particular State, therefore, is based on residence.

    A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution of the United States of America, is one who is born in a particular State:

(Before the Fourteenth Amendment)

       “It appears that the plaintiff in error, though a native-born citizen of Louisiana, was married in the State of Mississippi, while under age, with the consent of her guardian, to a citizen of the latter State, and that their domicile, during the duration of their marriage, was in Mississippi.”  Conner v. Elliott: 59 U.S. (Howard 18) 591, at 592 (1855).

http://books.google.com/books?id=RkcFAAAAYAAJ&pg=PA592#v=onepage&q&f=false

(After the Fourteenth Amendment)

       “Joseph A. Iasigi, a native born citizen of Massachusetts, was arrested, February 14, 1897, on a warrant issued by one of the city magistrates of the city of New York, as a fugitive from the justice of the State of Massachusetts.”  Iasigi v. Van De Carr: 166 U.S. 391, at 392 (1897). 

http://books.google.com/books?id=xuUGAAAAYAAJ&pg=PA392#v=onepage&q&f=false

 

    A citizen of a State, who is not a citizen of the United States, is also a citizen of the several States, generally, under Article IV, Section 2, Clause 1 of the Constitution:

 

________________________                                                                                       ________________________

 

 

Yes a citizen of a State is also

a citizen of the several States

under the Constitution

©2011 Dan Goodman

(with permission)

 

 

    A citizen of a State who is not a citizen of the United States is entitled to privileges and immunities of a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution of the United States of America, and is therefore also a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution:

       “There can be no doubt that Balk, as a citizen of the State of North Carolina, had the right to sue Harris in Maryland to recover the debt which Harris owed him.  Being a citizen of North Carolina, he was entitled to all the privileges and immunities of citizens of the several States, one of which is the right to institute actions in the courts of another State.”  Harris v. Balk: 198 U.S. 215, at 223 (1905). 

http://books.google.com/books?id=ceIGAAAAYAAJ&pg=PA223#v=onepage&q=&f=false

       “. . .   So, a State may, by rule uniform in its operation as to citizens of the several States, require residence within its limits for a given time before a citizen of another State who becomes a resident thereof shall exercise the right of suffrage or become eligible to office.  It has never been supposed that regulations of that character materially interfered with the enjoyment by citizens of each State of the privileges and immunities secured by the Constitution to citizens of the several States.  The Constitution forbids only such legislation affecting citizens of the respective States as will substantially or practically put a citizen of one State in a condition of alienage when he is within or when he removes to another State, or when asserting in another State the rights that commonly appertain to those who are part of the political community known as the People of the United States, by and for whom the Government of the Union was ordained and established.   Blake v. McClung: 172 US. 239, at 256 thru 257  (1898).

 

http://books.google.com/books?id=G2oUAAAAYAAJ&pg=PA256#v=onepage&q&f=false

       “In speaking of the meaning of the phrase ‘privileges and immunities of citizens of the several States,’ under section second, article fourth, of the Constitution, it was said by the present Chief Justice, in Cole v. Cunningham, 133 U.S. 107, that the intention was ‘to confer on the citizens of the several States a GENERAL CITIZENSHIP, and to communicate all the privileges and immunities which the citizens of the same State would be entitled to under the like circumstances, and this includes the right to institute actions.’ “  Maxwell v. Dow: 176 U.S. 581, at 592 (1900).

http://books.google.com/books?id=8toGAAAAYAAJ&pg=PA592#v=onepage&q&f=false  

 

    Thus, since the adoption of the Fourteenth Amendment, there are two citizens under the Constitution of the United States of America with privileges and immunities which are not the same.  They are a citizen of the United States, under Section 1 of the Fourteenth Amendment, and a citizen of the several States, under Article IV, Section 2, Clause 1 of the Constitution:

       “We think this distinction and its explicit recognition in this amendment of great weight in this argument, because the next paragraph of this same section (Section 1, Clause 2 of the Fourteenth Amendment), which is the one mainly relied on by the plaintiffs in error, speaks ONLY of privileges and immunities of citizens of the United States, and does not speak of those (privileges and immunities) of citizens of the several States.   . . . . “  Slaughterhouse Cases: 83 U.S.  (16 Wall.) 36, at 74 (1873).  [Footnote 1]

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA74#v=onepage&q&f=false

 

________________________

Footnotes:

 

1.  Privileges and immunities of a citizen of the several States are not the same as the privileges and immunities of a citizen of the United States.  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. State of Missouri: 152 U.S. 377, at 382 [1894] ) or, in other words, “owe their existence to the Federal government, its National character, its Constitution, or its laws.” (Slaughterhouse Cases: 83 (16 Wall.) U.S. 38, at 79 [1873]). 

http://books.google.com/books?id=ZGkUAAAAYAAJ&pg=PA382#v=onepage&q=&f=false

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA79#v=onepage&q=&f=false

Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell decided by Mr. Justice Washington in the Circuit Court for the District of Pennsylvania in 1823:

 

       “In the Slaughter House Cases, 16 Wall. 36, 76, in defining the privileges and immunities of citizens of the several States, this is quoted from the opinion of Mr. Justice Washington in Corfield v. Coryell, 4 Wash. Cir. Ct. 371, 380.”  Hodges v. United States: 203 U.S. 1, at 15 (1906). 

 

http://books.google.com/books?id=HuEGAAAAYAAJ&pg=PA15#v=onepage&q=&f=false

 

The location for privileges and immunities of a citizen of the United States is Section 1, Clause 2 of the Fourteenth Amendment:

       “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

The designation for privileges and immunities of a citizen of the several States is Article IV, Section 2, Clause 1 of the Constitution of the United States of America:

 

       “Fortunately we are not without judicial construction of this clause of the Constitution (Article IV, Section 2, Clause 1).  The first and leading case of the subject is that of Corfield v. Coryell, decided by Mr. Justice Washington in the Circuit Court for the District of Pennsylvania in 1823.

 

    ‘The inquiry,’ he says ‘is, what are the privileges and immunities of citizens of the several States? . . .

 

      This definition of the privileges and immunities of citizens of the States is adopted in the main by this court in the recent case of Ward v. The State of Maryland.” Slaughterhouse Cases: 83 (16 Wall.) 36, at 75 thru 76 (1873).   

 

http://books.google.com/books?id=DkgFAAAAYAAJ&pg=PA75#v=onepage&q=&f=false

 

       “ ‘   . . .    The privileges and immunities of citizens of the United States protected by the fourteenth amendment, are privileges and immunities arising out of the nature and essential character of the federal Government, and granted or secured by the Constitution.’ Duncan v. Missouri (1904) 152 U.S. 377, 14 Sup. Ct. 570, 38 L. Ed. 485; Slaughter House Cases, 16 Wall. 36, 21 L. Ed. 394. 

 

       The provisions of section 2, art. 4, of the federal Constitution, that citizens of each state shall be entitled to privileges and immunities of citizens of the several states, are held to be synonymous with rights of the citizens.  Corfield v. Coryell, supra.  This section is akin to the provision of section 1 of the fourteenth amendment, as respects privileges and immunities, but the former is held not to make the privileges and immunities (the rights) enjoyed by citizens of the several states the measure of the privileges and immunities (the rights) to be enjoyed as of right, by a citizen of another state, under its Constitution and laws.  McKane v. Durston, 153 U.S. 684, 14 Sup. Ct. 913, 38 L. Ed. 867.  This rule necessarily classifies citizens in their rights to the extent that a citizen of one state when in another state must be governed by the same rules which apply to the citizens of that state as to matters which are of the domestic concern of the state.  Cole v. Cunningham, 133 U.S. 107, 10 Sup. Ct. 269, 33 L. Ed. 538; People v. Gallagher, 93 N.Y. 438, 45 Am. Rep. 232; Butchers’ Union v. Crescent City, Mo., 111 U.S. 746, 4 Sup Ct. 652, 28 L. Ed. 585; Ex parte Kinney, 14 Fed. Cas. 602; Douglas v. Stephens, 1 Del. Ch. 465.”  Strange v. Board of Commission: 91 N.E. 242, at 246 (1910).

 

http://books.google.com/books?id=T_QKAAAAYAAJ&pg=PA246#v=onepage&q=&f=false

 

 

________________________                                                                                       ________________________

 

 

 

For additional information on a citizen of the several States:

http://citizenoftheseveralstates.webs.com/index.htm

 

 

 

+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:

 

Next page> The right to pursue any lawful trade or business>

http://thestatecitizen.webnode.com/the-right-to-pursue-any-lawful-trade-or-business

 

 

Following page> The President of the USA must be a citizen of a State>

http://thestatecitizen.webnode.com/the-president-of-the-usa-must-be-a-citizen-of-a-state

 

 

Continuing page> Yes there are two citizens in the nation of the United States under international law>

http://thestatecitizen.webnode.com/yes-there-are-two-citizens-in-the-nation-of-the-united-states-under-international-law

 

 

 

 

 

 

 

 

You Are Visitor

Website counter
Legal Documents - Prepare your legal documents online using our legal self help document services and save time and money. Incorporate your business online, create a living will, start an uncontested divorce, get copyright protection, trademarks and more.
Why SocialMarker.com? - It can help you spread a link on 50 of the best social bookmarking sites in under 15 minutes!
Listed on: web directory
Web Directories


Free Directory Submission - Instantly Submit Your Website To 20 SEO Friendly Web Directories