Identity Lesson #4

Two Citizenships

The 14th Amendment created a new form of citizenship — "citizen of the United States" — distinct from pre-existing state citizenship. This distinction determines which laws apply.

The Supreme Court directly addressed the citizenship question in one of the most significant cases in American jurisprudence — and explicitly recognized TWO distinct types of citizenship.

The Slaughterhouse Cases

"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. 36 (1873)
State Citizenship
  • Existed before the 14th Amendment
  • Citizen "of" a state (Virginia, etc.)
  • Primary citizenship originally
  • Subject to state laws and jurisdiction
  • Protected by Article IV privileges
Federal Citizenship
  • Created by the 14th Amendment
  • Citizen of the federal government
  • Subject to federal statutory jurisdiction
  • 14th Amendment privileges (narrower)
  • Includes D.C., territories, naturalized

The 14th Amendment

14th Amendment, Section 1
U.S. Constitution
"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."

Note the phrase: "and subject to the jurisdiction thereof." This qualifier suggests that not everyone born on American soil is automatically a 14th Amendment citizen — only those subject to the jurisdiction.

Originally intended to exclude:

  • Children of foreign diplomats born on U.S. soil
  • Children born to invading armies
  • Native Americans not subject to U.S. jurisdiction
The Consent Question

Some argue that people not "subject to the jurisdiction" — meaning those who haven't consented to that jurisdiction — are not 14th Amendment citizens by default. What evidence of your consent exists?

Historical Timeline

Pre-1868
State Citizenship Primary

Citizens were "citizens of [State name]" — Virginians, New Yorkers. Limited federal relationship with individuals.

1868
14th Amendment Ratified

"Citizenship of the United States" created as distinct status, primarily to grant citizenship to freed slaves.

1871
District of Columbia Organic Act

D.C. reorganized as municipal corporation, establishing federal administrative governance.

1873
Slaughter-House Cases

Supreme Court explicitly confirms two distinct citizenships with different rights and protections.

Jurisdiction and Law Application

The type of citizenship affects which laws apply:

Citizenship Type Primary Jurisdiction Law Type
State Citizen State courts, common law Common law, equity, state constitution
Citizen of the United States Federal administrative courts Federal statutes, regulations, administrative law
The Key Question

Through what acts have you claimed or accepted "citizen of the United States" status? Registering to vote? Filing federal tax returns? Obtaining a Social Security Number? Each may be evidence of voluntary acceptance of that status — and the jurisdiction that comes with it.

Connection to Agreements

This connects to the Foundation concepts:

Unconscious Agreements

You may have claimed federal citizenship without realizing the implications.

Energizing

Each time you check "U.S. Citizen" on a form, you affirm that status.

Covert Contracts

The citizenship contract operates in the background.

Evidence of Federal Citizenship

  • Social Security application
  • Voter registration
  • Federal tax filing (self-identification as "U.S. person")
  • Passport application
  • Benefits applications
  • Checking "U.S. Citizen" on any form

Warnings

Significant Risks

Attempting to renounce or disclaim federal citizenship has serious consequences:

  • Loss of voting rights
  • Inability to hold U.S. passport
  • Ineligibility for federal benefits
  • Potential criminal prosecution if done improperly
  • Social and professional consequences
  • Courts generally reject citizenship-based defenses

This information is for understanding, not for attempting to escape obligations. The value is in seeing the framework clearly, not in making declarations that courts won't recognize.

Identity Domain Complete

You now understand the identity framework:

What You've Learned
Where This Connects
The Identity Mastery

You now understand who "you" might be in the legal system — and it's not as simple as you thought. This awareness changes how you read documents, how you sign, and how you understand the agreements you may have entered.

📍
Identity complete. Explore other Domains or proceed to Pathways for practical navigation.