Diversity of Citizenship Includes a Citizen of a State Who is Not a Citizen of the United States

Abstract

There is a citizen of a State who is not a citizen of the United States. This is shown in the case of Sun Printing & Publishing Association v. Edwards (194 U.S. 377, 1904). Too, United States v. Northwestern Express, Stage & Transportation Company (164 U. S. 686, 1897). Such citizen is recognized at Article IV, Section 2, Clause 1 of the Constitution of the United States of America.

Since the ratification of the Fourteenth Amendment and the Slaughterhouse Cases, a citizen of a State, is still a citizen of a State, or more appropriately a citizen of a State who is not a citizen of the United States. This can be seen in the area of diversity of citizenship.

A general rule for removal in a diversity of citizenship case is that the proper citizenship must exist both when the action is commenced at the state level and when the petition for removal is filed at the federal level. A citizen of a State (who is not a citizen of the United States) can be seen in the following case of Bible Society v. Grove (101 U.S. 610). The suit was begun of March 6, 1868; approximately four months before ratification of the Fourteenth Amendment. The petition for removal was filed on September 21, 1875; after the adoption of the Fourteenth Amendment.

In the case of Bible Society v. Grove, the Supreme Court made no comment on the averments on citizenship made on the petition for removal as no longer being in existence; that is, a citizen of a State (who is not a citizen of the United States), but that: 'As the plaintiffs are not shown to have been citizens of Missouri, it is clear that the defendants were not entitled to take the case to the courts of the United States ON THIS GROUND.' Bible Society v. Grove: 101 U.S. 610, at 612 (1879). In addition, Bible Society v. Grove (101 U.S. 610) is cited in Young v. Parker’s Administrator (132 U.S. 267).

Therefore, diversity of citizenship includes a citizen of a State who is not a citizen of the United States.

Keywords: diversity of citizenship, citizen of a State, citizen of the United States, citizen of a State who is not a citizen of the United States, petition for removal, proper citizenship must exist, Bible Society v. Grove, Young v. Parker's Administrator

JEL Classification: H10, H11, K19, M49