FACTOID # 142: If you're looking to invade someone by sea, try Canada, which has only 9000 Navy personnel guarding the longest national coastline in the world.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS   

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > State citizenship

State citizenship usually refers to citizenship of one of the states of United States of America. Citizenship was initially defined by Article 4 of the United States Constitution, and later clarified by the 14th Amendment, which states: "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." Citizenship is membership in a political community (originally a city or town but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... Article Four of the United States Constitution relates to the states. ... The United States Constitution is the supreme law of the United States of America. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... Citizenship is membership in a political community (originally a city or town but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ...


Definition

In matters of international law, a citizen of one of the several States is frequently considered a United States citizen. Passports issued by the U.S. State Department refer to the "citizen/national," since the document is used by both classes. While being a citizen of the United States arises out of birth or naturalization, state Citizenship is based on birth and domicile. In an American court, however, State Citizenship is separate and distinct from U.S. citizenship.[1][2][3][4] State laws (more frequently of states admitted to the Union before 1866 than after) also make this distinction.[5] // Possession of Citizenship U.S. citizens have the right to participate in the political system of the United States (with reservations for prisoners, ex-prisoners, and naturalized persons), are represented and protected abroad by the United States (through U.S. embassies and consulates), and are allowed to reside in the...


A person is subject to the jurisdiction of a state simply by being physically present in that state. Any person, whether citizen, foreign national, corporation or other legal entity, is subject to the jurisdiction of both the laws of the state in which that person resides and the federal laws that apply to all the states. There are exceptions, such as for diplomats with immunity. Such persons also enjoys certain legal rights under both systems. For example, an Englishman accused of a crime in New Jersey can be found guilty and punished, but only after a trial conducted according to the standards of the United States and New Jersey legal systems. In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... A state is a political association with effective dominion over a geographic area. ... Diplomat redirects here. ... Motto (French) God and my right Anthem No official anthem - the  United Kingdom anthem God Save the Queen is commonly used England() – on the European continent() – in the United Kingdom() Capital (and largest city) London (de facto) Official languages English (de facto) Unified  -  by Athelstan 927 AD  Area  -  Total 130... Official language(s) English de facto Capital Trenton Largest city Newark Area  Ranked 47th  - Total 8,729 sq mi (22,608 km²)  - Width 70 miles (110 km)  - Length 150 miles (240 km)  - % water 14. ...


As a practical matter, states may restrict certain privileges of citizenship to those who are long-term or permanent residents. Some states distinguish different pains and penalties for the same offense depending on whether the perpetrator is a state Citizen or resident person.[6]


Another more common example of this is in the public university system, where state residents pay substantially reduced tuition compared to persons who live outside the state. The definition of this "in-state" status varies from state to state. Citizens might be required to live in the state for a minimum of 1 year, or they might be required to pay state income or property taxes at least once.


References

  1. ^ "United States citizenship does not entitle citizen to privileges and immunities of citizen of state, since privileges and immunities of one are not the same as the other." K. Tashiro v. Jordan (1927), 201 Cal 239, 256 p 245, 53 ALR 1279, affirmed 49 S.Ct 47, 278 US 123, 73 L.Ed 214, 14 CJS 2 p113 n75
  2. ^ "Privileges and immunities clause of Fourteenth Amendment protects only those rights peculiar to being citizen of the federal government; it does not protect those rights which relate to state citizenship." Jones v. Temmer (1994), 829 F. Supp. 1226, U.S.C.A. Const.Amend. 14 section 1
  3. ^ "Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a person to be a citizen of the United States in order to be a citizen of his state." Crosse v. Board of Supervisors of Elections (1966) 221 A.2d 431 p.433, citing U.S. v. Cruikshank (1875), 92 U.S. 542, 549, 23 L.Ed. 588 (1875), Slaughter-House Cases (1872), 83 U.S. 36; 1872 U.S. LEXIS 1139; 21 L. Ed. 394; 16 Wall. 36
  4. ^ "Rights under 42 USCS sect.1983 are for citizens of United States and not of state." Wadleigh v. Newhall (1905 CC Cal) 136 F 941
  5. ^ California Government Code Section 242: Noncitizens. Persons in the State not its citizens are either: (a) Citizens of other States; or (b) Aliens (Stats 1943, c.134, p.109, sect.242. Derivation: Pol.C. Sect.57"
  6. ^ California Penal Code, Title 8, Section 227 ("Every person who fights a duel...is punishable by imprisonment in the state prison, or in the county jail, not exceeding one year.") CPC, Title 8, Section 228 ("Any citizen of this state who shall fight a duel...shall not be allowed to hold any office of profit, or to enjoy the right of suffrage, and shall be declared so disqualified in the judgment, upon conviction.")

  Results from FactBites:
 
rjmintro (1255 words)
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.
Cruikshank, 92 U.S. “...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”.
For example, the "state Citizen" is NOT required to have a driver license to legally use their car to go to the store to buy food or to attend their place of worship, the "US citizen" is required to have a license to do the same thing.
Dual Citizenship FAQ (1296 words)
If you are in a dual citizenship situation, or are contemplating such a move, you should consider discussing your plans with an attorney who is knowledgeable in this particular aspect of immigration law, and/or with consular officials of the countries involved.
Automatic citizenship via marriage is rare nowadays; more commonly, marriage may allow one spouse a "fast track" to immigration to the other spouse's country, but a period of non-citizen permanent residence would still be required before the immigrant spouse could obtain a new citizenship via naturalization.
Citizenship claims by a country over a given individual could happen even if the person in question never sought recognition as a citizen of that country -- or even if the person was totally unaware that he/she was a citizen of that country according to its laws.
  More results at FactBites »

 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your location
Your comments
Please enter the 5-letter protection code


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.