Distinction in United States Constitution between citizen and natural born citizen

TREATISE ON CITIZENSHIP BY BIRTH AND BY NATURALIZATION WITH REFERENCE TO THE LAW OF NATIONS ROMAN CIVIL LAW LAW OF THE UNITED STATES OF AMERICA AND THE LAW OF FRANCE INCLUDING PROVISIONS IN THE FEDERAL CONSTITUTION AND IN THE SEVERAL STATE CONSTITUTIONS IN RESPECT OF CITIZENSHIP J TOGETHER WITH DECISIONS THEREON OF THE FEDERAL AND STATE COURTS BY ALEXANDER PORTER MORSE OF WASHINGTON DC

Written in 1881

XI; A citizen in the largest sense is any native or naturalized person who is entitled to full protection in the exercise and enjoyment of the so called private rights The natural born or native is one who is born in the country of citizen parents. {Again, note the plural- parents}

89 The Act of Congress usually referred to as the Civil Rights Bill confers citizenship The Constitution uses the words citizen and natural born citizen Citizens czVes of London are either freemen or such as reside and keep a family in the city etc and some are citizens and freemen and some are not who have not so great privileges as others The citizens of London may prescribe against a statute because their liberties are re enforced by statute. The word civis taken in the strictest sense extends only to him that is entitled to the privileges of a city of which he is a member and in that sense there is a distinction between a citizen and an inhabitant within the same city for every inhabitant there is not a citizen. A citizen is a freeman who has kept a family in a city. The usual definitions of citizen in English and American law will be found in Bouvier Law Dictionary Webster and Worcester.

The expression citizens in American law is often used to conve r the idea of membership in a nation. It is important to bear in mind that citizen is one of those expressions of frequent employment with the sound of which every one is familiar but it is an expression the full or accurate significance of which very few understand The word is sometimes loosely and inaccurately used eveu by writers and critics It has its origin of course in the word city Originally city did not signify a town but a portion of mankind who lived under the same government what the Romans called civitas and the Greeks 7roXi9 whence the word Tj oXm ca civitatis seu reipublicae status et admin istratio  The word national on the other hand came from the root natio the origin of which is obvious Vattel calls citizens citoyens those individuals that French writers of to day call nationals nationaux z The national nationaT says Cogordau 4 who is invested with full rights la plenitude des droits is in general called citizen It will not do however to confound these two terms as is too often done Every national in fact is not a citizen although every citizen is a national 5 In France for example minors married women the interdicted les interdits are not citizens but are nevertheless of French nationality they are deprived of political rights and enjoy civil rights In Algeria until within a brief period the Jews lived in French colonies and among subjects of France without being by French laws and to day the Arabs subject to France are not French citizens and their status is determined by Mussulman law  Cogordan points out that the word nationality national it now so frequently employed has been in use in France but a comparatively short time. A natural born citizen is one not made by law or otherwise but born And this class is the large majority in fact the mass of our citizens all others are exceptions specially provided for by law As they become citizens by birth so they remain citizens during their natural lives unless by their own voluntary act they expatriate themselves and become citizens or subjects of another nation for we have no law as the French have to dedtizenize a citizen who has become such either by the natural process of birth or the legal process of adoption The Constitution does not make the citizens it is in fact made by them it only recognizes such of them as are natural home born and provides for the naturalization of such of them as are alien foreign born making the latter as far as nature will allow like the former We have in the United States no middle class or denizens  but Attorney General Legare thought there might be. The example of a Roman citizen and St Paul’s case and claim thereto cited Paul’s is a leading case of the Jus Romanum it is analogous to our own it establishes the great protective rights of the citizen but like our own national Constitution it is silent about his powers The expression natural born citizen recognizes and reaffirms the universal principle common to all nations and as old as political society that the people born in a country do constitute the nation and as individuals are natural members of the body politic. Every person born in the country is at the moment of birth prima facie a citizen Nativity furnishes the rule both of duty and of right as between the individual and the government. In the legislation of the United States as has been pointed out elsewhere the distinction is constantly recognized between citizens and domiciled aliens In the Constitution itself provision is made for the adjudication of controversies to which aliens are parties by the federal as distinguished from the state courts with a view undoubtedly to international obligations resting upon the federal government.

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