THERE HAS NEVER BEEN A UNITED STATES CITIZEN | 2010-07-22
On the debate over the new Arizona law, it has been assumed that the Federal Government alone should determine who is a citizen.
The Fourteenth Amendment says that a person is "A citizen OF THE STATE in which he is born or NATURALIZED."
There is more to be learned about history by reading those words than most professional historians know about history.
It would be interesting to know when the Federal Government took primary responsibility for naturalization, but beginning in colonial times a person became a citizen of a colony and after the Revolution a person became a citizen of a state.
How can a person have been "naturalized" in a STATE? The Fourteenth Amendment's wording makes it clear that for the three generations it had been taken for granted that states did the naturalizing.
If you are an American residing abroad you cannot vote in the American elections as a "United States citizen." You vote for the electors of your state on and how ITS electoral votes will be cast. You vote on YOUR STATE'S senators and representatives in congress.
In case one thinks that this distinction died out after 1868, it took an amendment to the Constitution itself to get electors for the District of Columbia not that long ago.
Can a state determine that someone who has no right to be in the United States has no right to be in that state? No one in 1868 would have written that a person born or naturalized in the United States was a United States citizen. In the sense of the word as it is now used, there was no such thing as a "United States citizen."
What the Fourteenth Amendment said was that states had to recognize people born or naturalized in them or in another STATE as citizens.
It did not occur even to the Radical Republicans jamming through the Fourteenth Amendment illegally that a state could not decide to kick somebody out who was not born or naturalized in SOME state.
As with the War of the Preambles, the Marxist worship of the Preamble to the Declaration that makes a roaring statement about "all men" and the United States Constitution which makes it abundantly clear that their document was only based on their right to legislate for "OURSELVES and OUR Posterity," present discussions consist entirely of Temporal Provincialism.