The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
of another, seems to be intolerable in any country where freedom
prevails, as being the essence of slavery itself.[452]
CHAPTER XII
THE LAW OF CITIZENSHIP
163. “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.”[453] The phrase “subject to the
jurisdiction thereof” excludes “children of ministers, consuls,
and citizens or subjects of foreign states born within the United
States.”[454] The supreme law clearly recognizes and establishes a
distinction between United States citizenship and State citizenship.
To be a citizen of a State, a person must reside within that State,
but to be a citizen of the United States, it is necessary only that he
or she be born or naturalized within the jurisdiction of the United
States. Thus American citizenship, like the operation of American
constitutional law in all its aspects, is a matter of jurisdiction, or
sovereignty.
In America there are two citizenships, distinct from each other,
and depending upon different characteristics and circumstances, and
the essential difference is caused by a difference of jurisdiction.
In strict conformity to this distinction, the Constitution prohibits
a State from making or enforcing “any law which shall abridge the
privileges or immunities of citizens of the United States.”[455] The
limitation is not as to laws affecting the privileges and immunities
of citizens of the several States; equality of citizens of States is
secured by another provision.[456]
The privileges and immunities of the citizen of one State removing
to another State are the same, no more, no less, than the privileges
and immunities of the citizens of the State into which he or she
removed.[457] The privileges and immunities of citizens of the
several States rest for security and protection with the States
themselves,—where they rested before the Constitution was made. These
privileges and immunities are not placed under the care of the United
States except so far as the Constitution declares that, “The citizens
of each State shall be entitled to all privileges and immunities of
citizens in the several States.” These privileges and immunities of
citizens of the several States are _fundamental_,[458] and are commonly
set forth in Bills of Rights found in the State constitutions. The
sole purpose of the Fourteenth Amendment is to declare to the several
States that
whatever those rights,—as you grant or establish them to your own
citizens, or as you limit, or qualify, or impose restrictions on
their exercise, the same, neither more nor less, shall be the
measure of the rights of citizens of other States within your
jurisdiction.[459]
164. What then are the privileges and immunities of citizens of the
United States? They are the privileges and immunities secured to them
by the Constitution. Among them are
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