Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
The distinction between citizenship of the United States and
citizenship of a State is clearly recognized and established. 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, but it is only necessary that
he should be born or naturalized in the United States to be a
citizen of the Union. It is quite clear, then, that there is a
citizenship of the United States, and a citizenship of a State,
which are distinct from each other, and which depend upon different
characteristics or circumstances in the individual.
It is therefore decided that while a State may no longer decide the
question of who shall be or become its citizens, the citizen of the
United States must, before becoming a citizen of a State, take up
his residence within the State. The term of residence is nowhere
fixed, but a permanent residence or domicile is understood, “with
intent that it shall continue until subsequent removal with the
intent of abandoning such residence and acquiring another.”
These momentous adjudications did not, however, address themselves
to the matter of political participation. Although a state might
not determine who should constitute its citizen body, there was
no curtailment of its full authority to determine what political
privileges should exist, or who should enjoy them. Neither Federal
nor state citizenship, _per se_, entitles a man or woman to vote
or to hold office; these are matters of state legislation and a
number of states have accorded, and two still accord, to aliens
who have merely declared their intention to seek citizenship, the
right to vote. Moreover, respected authorities[38] hold the opinion
that, while no state can prevent a citizen of the United States
from becoming a citizen of the state, a state may grant its own
citizenship to one who is not--perhaps to one who cannot become--a
citizen of the United States.[39] But the Act of Congress, May 6,
1882, expressly prohibits the naturalization of any Chinese person.
The courts from the beginning have recognized the existence of two
concurrent, if not more or less separable, citizenships. In the
Cruikshank case in 1875,[40] the Supreme Court said:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account