Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
Before its adoption, the Constitution of the United States did not
in terms prescribe who should be citizens of the United States,
yet there were necessarily such citizens without such provision.
There cannot be a nation without a people. The very idea of a
political community, such as a nation is, implies an association
of persons for the promotion of their general welfare. Each one
of the persons associated becomes a member of the nation formed
by the association. He owes it allegiance and is entitled to its
protection. Allegiance and protection are, in this connection,
reciprocal obligations. The one is a compensation for the other;
allegiance for protection and protection for allegiance.
For convenience it has been found necessary to give a name to this
membership. The object is to designate by a title the person and
the relation he bears to the nation. For this purpose the words
“subject,” “inhabitant,” and “citizen” have been used, and the
choice between them is sometimes made to depend upon the form of
government. “Citizen” is now more commonly employed, however, and
as it has been considered better suited to the description of one
living under a republican government, it was adopted by nearly
all of the states upon their separation from Great Britain, and
was afterward adopted in the Articles of Confederation and in the
Constitution of the United States. When used in that sense it is
understood as conveying the idea of membership of a nation, and
nothing more.
To determine, then, who were the citizens of the United States
before the adoption of the [Fourteenth] amendment it is necessary
to ascertain what persons originally associated themselves together
to form the nation, and what were afterward admitted to membership.
The effect of this decision, and of the Fourteenth Amendment whose
meaning it declared, was to determine definitively that National
Citizenship is paramount to State Citizenship. But it did not
entirely absorb the latter into the former. In the famous “Slaughter
House Cases”[36] the Supreme Court three years before had held that
there might be citizens of the United States who were not citizens
of any state, and that the Fourteenth Amendment applied particularly,
if not solely, to the privileges and immunities of citizens of the
United States, _as such_, and did not necessarily limit the right of
a state to inflict disabilities upon its own citizens.
The distinction between the two citizenships was thus stated in the
Slaughter House cases:[37]
Public-domain text, read in full here on John Shaqi.
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