Did the 14th Amendment do away with State Citizenship?
Did the 14th Amendment do away with State Citizenship? If you believe this, then I would like for you to consider the following.
At 42 U.S.C.
1982, it states:
"All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherent, purchase, lease, sell, hold, and convey real and personal property." (R.S. 1978) Thus, the contrary is true, the 14th Amendment did not do away with State Citizenship. "The Fourteenth Amendment of the Constitution of the United States, ratified in 1868, creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the states." Black's Law Dictionary, 5th Edition, p. 591 .
In fact the leading and controlling case on State Citizenship and United States Citizenship is the Supreme Court case, The Slaughter-House Cases (16 Wallace 36: 21 L.Ed. 394 ). In this case, the Supreme Court distinguishes between State Citizenship and United States Citizenship.
"The importance of the case can hardly be overestimated. By distinguishing between state citizenship and national citizenship and by emphasizing that the rights and privileges of federal citizenship do not include the protection of ordinary civil liberties such as freedom of speech and press, religion, etc., but only the privileges which one enjoys by virtue of his federal citizenship, the Court averted, for the time being at least, the revolution in our constitutional system apparently intended by the framers of the amendment and reserved to the states the responsibility for protecting civil rights generally." Cases In Constitutional Law by Robert F. Cushman, 5th Edition, pp. 250-251 (College Law Textbook) .
"The expression, Citizen of a State, is carefully omitted here. In Article IV, Section 2, Clause 1, of the Constitution of the United States, it had been already provided that 'the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. ' The rights of Citizens of the States and of citizens of the United States are each guarded by these different provisions. That these rights are separate and distinct, was held in the Slaughterhouse Cases, recently decided by the Supreme court. The rights of Citizens of the State, as such, are not under consideration in the Fourteenth Amendment. They stand as they did before the adoption of the Fourteenth Amendment, and are fully guaranteed by other provisions." United States v. Anthony: 24 Fed. Cas. 829, 830 (Case No. 14,459) .
Citizenship is elaborated in two privileges and immunities clauses of the United States Constitution. ... The Slaughter-House Cases  83 U.S. 36, 21 L.Ed. 394, emphasized the distinct character of federal and state citizenship. Slaughter-House held that privileges and immunities conferred by state citizenship were outside federal reach through the Fourteenth Amendment. ... Federal citizenship was seen as including only such things as interstate travel and voting. While subsequent decisions have extended the meaning of citizenship in the Fourteenth Amendment, Slaughter-House is still controlling in that it precludes use of privileges and immunities language in protecting citizens by federal authority." Constitutional Law Deskbook - Individual Rights, by Chandler, Enslen, Renstrom; Second Edition, p. 634 (Lawyers Cooperative Publishing, 1993).
"The Fourteenth Amendment did not obliterate the distinction between national and state citizenship, but rather preserved it. Slaughter-House Cases." 103d Congress, 1st Session, Document 103-6: The Constitution of the United States of America; Analysis And Interpretation: Annotations Of Cases Decided By The Supreme Court Of The United States To June 29, 1992, p. 1566.
"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 of the individual." The Slaughter-House Cases: 83 U.S. 36, 74.
you still believe the 14th Amendment did away with State Citizenship?
by J. D. Goodman, email xGoodmanx@excite.com
For more information on state citizenship click here.