Citizenship and the Federal Courts after the Fourteenth Amendment
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Citizenship and the Federal Courts after the Fourteenth Amendment ©2010 Dan Goodman Article III, Section 2 o f the Constitution of the United States (of America) provides that [t]he judicial Power shall extend to controversie s between Citizens of different States. Jurisdiction then of the courts of the United States is declared to extend to controversies betwee n citizens o f different States. Before the Fourteenth Amendment, who were deemed citizens of different States?: The next inquiry, growing out of this part of the clause, is, who are to be deemed citizens of diffe rent States, within the meaning of it. Are all persons born within a State to be always deemed citizens of that State, notwithstanding an y change of domicil? Or does their citizenship change with their change of domicil? The answer to this in quiry is equally pla in and satisfactory. The Constitution having decla red, that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States, every person, who is a citizen of one State, and removes into another, with the intention of taking up h is residence and inhabitancy there, becomes ipso facto a citizen of the State, where he resides; and he then ceases to be a citizen of the State, from which he has removed his residence. Of course, when he gives up his new residence, or domicil, and returns to his native, or other State residence or domicil, he reacquires the characte r of the latter. What circumstances shall constitute such a change of residence or domicil, is an inquiry, more properly belonging to a treatise upon public or municipal law, than to commentarie s upon constitutional la w. In general, howeve r, it may be said, that a removal from one State into another, with an intention of residence, or with a design of becoming an inhabita nt, constitutes a change of domicil, and of course a change of citizenship. But a person, who is a nativ e citizen of one State, never ceases to be a citiz en thereof, until he has acquired a new citizenship e lsewhere. A Familiar Exposition Of The Cons titution Of The Uni ted States . . . ; Joseph Story, LL. D.; (Boston: Marsh, Cap en, Ly on, and Webb); 1840; Section 344, Page 207. http://books.google .com/books?id=Aew9AAAAIA AJ&pg=PA207# v=onepage&q&f=fa lse A citizen of a State, therefore, was considered to be citizens of different States. Also, a corporation created under the law of an individual State:
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