Court Citations re
the distinction between
state and federal citizenship
"The government of the United States is a foreign corporation with respect to a state."
In re Merriam, 36 N. E. 505, 141 N. Y. 479, affirmed 16 S. Ct. 1073, 163 U. S. 625, 41 L.Ed. 287.


People who are members of this corporate entity are named:  "U.S. citizen",  distinguished from those who are not members of this corporationand are resident aliens within a state.

It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states."
Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997. [emphasis added]

“We have in our political system a Government of the United States and a government of each of the several states.  Each is distinct from the other and each has citizens of its own...”
U.S. v. Cruikshank, 92 U.S. 542,  23 L.Ed. 588

"For this you have every inducement of sympathy and interest. Citizens by birth or choice, of a common country, that country has a right to concentrate your affections. The name of AMERICAN, which belongs to you in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from local discriminations. With slight shades of difference you have the same religion, manners, habits, and political principle.  You have, in a common cause, fought, and triumphed together; the independence and liberty you possess, are the work of joint councils, and joint efforts -- of common dangers, sufferings and success."
George Washington, "Farewell Address", delivered September 17, 1796. (Emphasis added.)

"The American colonies brought with them the common, and not the civil law; and each state, at the revolution, adopted either more or less of it, and not one of them exploded the principle that the place of birth conferred citizenship."
Amy v. Smith, 1 Litt. Ky. R,pp. 337, 338.

Attorney-General of the United States, one William Wurtz, in an opinion dated November 7, 1821:
 

I presume that the description, "citizen of the United
States", used in the Constitution, has the same meaning that
it has in the several acts of Congress passed under the
authority of the Constitution; otherwise there will arise a
vagueness and uncertainty in our laws which will make their
execution, if not impracticable, at least extremely difficult
and dangerous.
Looking to the Constitution as the standard of meaning, it
seems very manifest that no person is included in the
description of "citizen of the United States" who has not the
full rights of a citizen in the state of his residence. Among
other proofs of this, it  will be sufficient to advert to the
constitutional provision that "the citizens of each state
shall be entitled to all the privileges and immunities of
citizen in the several states".

Now, if a person born and residing in Virginia but possessing
none of the high characteristic privileges of a citizen of the
state is nevertheless a citizen of Virginia in the sense of
the Constitution, then, on his removal into another state, he
acquires all the immunities and privileges of a citizen of
that other state, although he possessed none of them in the
state of his nativity; a consequence which certainly could not
have been in the contemplation of the Convention.
 

"A constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state. A constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from
their representatives, subject to limitations prescribed by the superior authority."  Ellingham v. Dye, 231 U. S. 250.

"The term 'Citizen of the United States' must be understood to mean those who were citizens of the State as such after the Union had commenced and the several States had assumed their sovereignty.  Before that period there were no citizens of the United States."
Inhabitants of Manchester v. Inhabitants of Boston, 16 Mass. 230, 235.

"The United States and the State of California are two separate sovereignties, each dominant in its own sphere."
Redding v. Los Angeles (1947), 81 C.A.2d 888, 185 P.2d 430.

"The government of the United States is a foreign corporation with respect to a state."
In re Merriam, 36 N. E. 505, 141 N. Y. 479, affirmed 16 S. Ct. 1073, 163 U. S. 625, 41 L.Ed. 287.

"The privileges and immunities of citizens of the United States, which are protected by the 14th Amendment, against abridgment by the states, are those which arise out of the essential nature and characteristics of the national government, the federal Constitution, treaties, or acts of Congress, as distinguished from those belonging to the Citizens of a state;. . . . "  Gardner v. Ray, 157 S. W. 1147, 1150; Hammer v. State, 89 N. E. 850, 851, 173 Ind. 199, 24 L. R. A., N. S., 795, 140 Am. St. Rep. 248, 21 Ann. Cas. 1034.

"On the other hand, there is a significant historical fact in all of this. Clearly, one of the purposes of the 13th and 14th Amendments and of the 1866 act and of section 1982 was to give the Negro citizenship. . ."
Jones v. Alfred H. Mayer Co. (1967), 379 F.2d 33, 43.

"It is true that the chief interest of the people in giving permanence and security to citizenship in the 14th Amendment was the desire to protect the Negroes."
Afroyim v. Rusk (1967), 18 L.Ed. 2d 758, 764.

"The object of the 14th Amendment, as is well known, was to confer upon the colored race the right of citizenship."
United States v. Wong Kim Ark, 169 U. S. 649, 692.

"It would be a remarkable anomaly if the national government, without the amendment, could confer citizenship on aliens of every race or color, and citizenship, with civil and political rights, on the "inhabitants" of Louisiana and Florida, without reference to race or color, and cannot, with the help of the amendment, confer on those of the African race, who have been born and always
lived within the United States, all that this law seeks to give them."
United States v. Rhodes (1866), 27 Fed. Cas. 785, 794.

"The amendment referred to slavery. Consequently, the only persons embraced by its provisions, and for which Congress was authorized to legislate in the manner were those then in slavery."
Bowlin v. Commonwealth (1867), 65 Kent. Rep. 5, 29.

"After the adoption of the 13th Amendment, a bill which became the first Civil Rights Act was introduced in the 39th Congress, the major purpose of which was to secure to the recently freed Negroes all the civil rights secured to white men. . . .(N)one other than citizens of the United States were within the provisions of the
Act."
Hague v. C. I. O., 307 U. S. 496, 509.

"No white person. . . owes the status of citizenship to the recent amendments to the Federal Constitution."
Van Valkenbrg v. Brown (1872), 43 Cal. Sup. Ct. 43, 47.

"The rights of the state, as such, are not under consideration in the 14th Amendment, and are fully guaranteed by other provisions."
United States v. Anthony (1873), 24 Fed. Cas. 829 (No. 14,459), 830.

“There are, then, under our republican form of government, two classes of citizens, one of the United States and one of the state”.
Gardina v. Board of Registrars of Jefferson County, 160 Ala. 155; 48 So. 788 (1909)

“The governments of the United States and of each state of the several states are distinct from one another. The rights of a citizen under one may be quite different from those which he has under the other”.
Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)

“...rights of national citizenship as distinct from the fundamental or natural rights inherent in state citizenship”.
Madden v. Kentucky, 309 U.S. 83: 84 L.Ed. 590 (1940)

“The rights and privileges, and immunities which the fourteenth constitutional amendment and Rev. St. section 1979 [U.S. Comp. St. 1901, p. 1262], for its enforcement, were designated to protect, are such as belonging to citizens of the United States as such, and not as citizens of a state”.
Wadleigh v. Newhall 136 F. 941 (1905)

“There is a difference between privileges and immunities belonging to the citizens of the United States as such, and those belonging to the citizens of each state as such”.
Ruhstrat v. People, 57 N.E. 41 (1900)

“We have in our political system a government of the United States and a government of each of the several States.  Each one of these governments is distinct from the others, and each has citizens of it’s own...”
United States v. Cruikshank, 92 U.S. 542 (1875)

“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”.
Slaughter-House Cases, 83 U.S. (16 Wall.) 36; 21 L.Ed. 394 (1873)

“...there was no such thing as citizen of the United States, except as that condition arose from citizenship of some state
United States v. Anthony, 24  Fed. Cas. 829, (Case No. 14,459)(1873)

“...he was not a citizen of the United States, he was a citizen and voter of the State,...”  “One may be a citizen of a State an yet not a citizen of the United States”.
McDonel v. The State, 90 Ind. 320 (1883)

““Citizenship” and “residence”, as has often been declared by the courts, are not convertible terms. ...

“”The better opinion seems to be that a citizen of the United States is, under the amendment [14th], prima facie a citizen of the state wherein he resides , cannot arbitrarily be excluded therefrom by such state, but that he does not become a citizen of the state against his will, and contrary to his purpose and intention to retain an already acquired citizenship elsewhere.  The amendment [14th] is a restraint on the power of the state, but not on the right of the person to choose and maintain his citizenship or domicile”“.
Sharon v. Hill, 26 F. 337 (1885) [inserts added]

“That there is a citizenship of the United States and citizenship of a state,...”
Tashiro v. Jordan, 201 Cal. 236 (1927)

"Except as modified by statute, the place of birth governs citizenship status".
Rogers v. Bellei,  401 U. S. 815;  28 L.Ed.2d 499;  91 S.Ct. 1060 (1971).

An excellent collection of citations:

Congressional Record Testimony that the Alleged 14th Amendment WAS NOT Lawfully Ratified

Additonal Citations on Jurisdiction & Dual Citizenship