Citizenship and the Federal Courts after the Fourteenth Amendment

38 Pages Posted: 8 Oct 2010

See all articles by Dan Goodman

Dan Goodman

affiliation not provided to SSRN

Date Written: October 5, 2010

Abstract

Article III, Section 2 of the Constitution of the United States (of America) provides that [t]he judicial Power shall extend to controversies between “Citizens of different States” as well as to controversies between citizens of a State and “foreign States, citizens or subjects.” Jurisdiction then of the courts of the United States is declared to extend to controversies between “citizens of different States” as well as to controversies between citizens of a State and “foreign States, citizens or subjects.”

The Fourteenth Amendment was adopted on July 28, 1868.

Did the amendment affect or modify Article III, Section 2 of the Constitution of the United States (of America). The answer is no. Robertson v. Cease: 97 U.S. 646 (1878). A citizen of the United States, therefore, is to aver that he or she is a citizen of the United States and a citizen of a State in a legal proceeding in a federal court. Steigleider v. McQuesten: 198 U.S. 141 (1905). While a citizen of a State is to aver that he or she is a citizen of a State. Steigleider v. McQuesten, supra. A citizen of a State is to aver also that he or she is a citizen of the several States. See Footnote 6 of the article for legal authority.

Keywords: Article III Section 2, Fourteenth Amendment, Article IV Section 2 Clause 1, Aver, Citizen of the United States, Citizen of a State, Citizen of the Several States, Corporation, Domicil, Reside, Inhabit, Native, Naturalized, Diversity of Citizenship, Cause of Action, Removable, Separate and Distinct

JEL Classification: H10, H11, K19, M49

Suggested Citation

Goodman, Dan, Citizenship and the Federal Courts after the Fourteenth Amendment (October 5, 2010). Available at SSRN: https://ssrn.com/abstract=1688108 or http://dx.doi.org/10.2139/ssrn.1688108

Dan Goodman (Contact Author)

affiliation not provided to SSRN ( email )

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