Fourteenth Amendment Citizenship 



ARTICLE #2

by Scott Eric Rosenstiel 
     If you look through the copy of the United States constitution found
in the 1990 edition of Black's Law Dictionary, you'll notice something very
interesting.  The word "Citizen" is always capitalized until you get to the
fourteenth amendment, which was adopted in 1868.  After that, it's no
longer capitalized.  This isn't an isolated occurrence either.  In the
definition of "Dred Scott Case," a supreme court case decided before the
fourteenth amendment, they capitalize "Citizen," but everywhere else in the
dictionary, where it refers to the laws of today, the word isn't
capitalized.  As you shall see, this is just one small indicator of many
that the fourteenth amendment created a new class of citizen.
     This is certainly no secret to the legal community.  In fact, under
the definition of "Fourteenth Amendment" it says, "The Fourteenth Amendment
of the Constitution of the United States... creates... a citizenship of the
United States as distinct from that of the states..."  This class of
"citizen of the United States" was new; it was unknown to the constitution
prior to 1868.  This wasn't the status of our forefathers.
     In the first sentence of the definition of "United States" found in
Black's, it says, "This term has several meanings."  Pursuing this further,
we find that one of the definitions is the "collective name of the states
which are united by and under the Constitution."  This is what the framers
of the constitution meant by "Citizen of the United States" - that is, theCitizen of one state is to be considered and treated as a Citizen of every
other state in the union.
     Used in another sense, though, the term is simply the name of the
federal government.  This is what is meant by "citizen of the United States
in the fourteenth amendment":

          Privileges and immunities clause of Fourteenth Amendment protects
     only those rights peculiar to being citizen of federal government; it
     does not protect those rights which relate to state citizenship.
          Jones v. Temmer, Federal Supplement, Vol. 829, Page 1227 (1993)

     From the authorities above, we can see that the fourteenth amendment
created citizenship of the federal government.  This status is a privilege
granted by the government:

          Citizenship is a political status, and may be defined and
     privilege limited by Congress.
          Ex Parte (NG) Fung Sing, Federal Reporter, 2nd Series, Vol. 6,
     Page 670 (1925)

     It goes without saying that the federal government can regulate the
privileges it creates.  By definition, "citizenship" is the basis of a
person's relationship with the government.  In the legal sense, everything
else is built upon it.  Therefore, since fourteenth amendment citizenship
is a privilege, every aspect of the citizen's life could potentially be
regulated.  Worst of all, this new class of citizen does not have the right
to invoke the protections of the Bill of Rights, as explained in the
following supreme court case:

          We have cited these cases for the purpose of showing that the
     privileges and immunities of citizens of the United States do not
     necessarily include all the rights protected by the first eight
     amendments to the Federal Constitution against the powers of the
     Federal government.  They were decided subsequently to the adoption of
     the Fourteenth Amendment...
          Maxwell v. Dow, 176 US 598 (1900)

     This isn't an idea peculiar to the turn of the century either.  Going
back to the 'Jones' case, which was decided in 1993, we find the courts of
today saying, "The privileges and immunities clause of the Fourteenth
Amendment protects very few rights because it neither incorporates any of
the Bill of Rights not protects all rights of individual citizens."
     Although fourteenth amendment citizens have no guaranteed access to
the Bill of Rights, the amendment itself does state that they have certain
"privileges and immunities."  Here's what the supreme court has decided
they are:

          Privileges and immunities of citizens of the United States, on
     the other hand, are only such as arise out of the nature and essential
     character of the national government, or are specifically granted or
     secured to all citizens or persons by the Constitution of the United
     States.  Slaughter-House Cases, supra, p.79; Re Kemmler, 136 U.S. 436,
     448, 34 L.ed. 519, 524, 10 Sup. Ct.Rep. 930; Duncan v. Missouri, 152
     U.S. 377, 382, 38 L.ed. 485, 487, 14 Sup.Ct.Rep. 570.  Thus, among the
     rights and privileges of national citizenship recognized by this court
     are the right to pass freely from state to state (Crandall v. Nevada,
     6 Wall. 35, 18 L.ed. 75); the right to petition Congress for a redress
     of grievances (United States v. Cruikshank, supra); the right to vote
     for national officers (Ex parte Yarbrough, 110 U.S. 651, 28 L.ed. 274,
     4 Sup.Ct.Rep. 152; Wiley v. Sinkler, 179 U.S. 58, 45 L.ed. 84, 21
     Sup.Ct. Rep. 17); the right to be protected against violence while in
     the lawful custody of a United States marshall (Logan v. United
     States, 144 U.S. 263, 36 L.ed. 429, 12 Sup.Ct. Rep. 617); and the
     right to inform the United States authorities of violation of its laws
     (Re Quark, 158 U.S. 532, 39 L.ed. 1080, 15 Sup.Ct.Rep. 959).
        Twining v. New Jersey, 211 US 78 (1908)

     As discussed in the last article, Sovereign Citizens created
government to guarantee them their rights.  In contrast, it would seem from
the above that the federal government created fourteenth amendment
citizenship to guarantee its power.
     As a side note, this amendment has always been controversial.  Many
people over the years have questioned the amount of power it vests in the
federal government.  Some have even questioned its validity.  On one
occasion Judge Ellett of the Utah supreme court remarked:

          I cannot believe that any court, in full possession of its
     faculties, could honestly hold that the amendment was properly
     approved and adopted.
          State v. Phillips, Pacific Reporter, 2nd Series, Vol. 540, Page
     941, 942 (1975)

     However, the most important fact about this amendment is that,
although it created a new class of citizen, it did not  have any effect on
Sovereign Citizens.  Both classes still exist:

          When the Constitution was adopted the people of the United States
     were the citizens of the several States for whom and for whose
     posterity the government was established.  Each of them was a citizen
     of the United States at the adoption of the Constitution, and all free
     persons thereafter born within one of the several States became by
     birth citizens of the State and of the United States.  (Mr. Calhoun in
     his published work upon the Constitution denied that there was any
     citizenship of the United States in any other sense than as being
     connected with the government through the States.)

          The first attempt by Congress to define citizenship was in 1866
     in the passage of the Civil Rights Act (Revised Statutes section 1992,
     8 United States Code Annotated section 1).  The act provided that:

          "All persons born in the United States and not subject to any
     foreign power are declared to be citizens of the United States."

          And this in turn was followed in 1868 by the adoption of the
     Fourteenth Amendment, United States Code Annotated Amendment 14,
     declaring:

          "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."
          Perkins v. Elg, Federal Reporter, 2nd Series, Vol. 99, Page 410
     (1938), affirmed by supreme court at 307 US 325 (1939)

     Both classes of citizen still exist.  It's your right to be a
Sovereign Citizen, while it's a privilege to be a fourteenth amendment
citizen, and most importantly, it's up to you to determine which one you
are, and which one you want to be.

     To learn more, please call my BBS, The Sovereignty Workshop at (818)
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