Posted by Tom on August 12, 1998 at 07:17:03:
In Reply to: Aha, a fellow thinker. posted by Man of Reason on August 11, 1998 at 10:08:43:
: : Footnote: The Sixteenth Amendment was passed by Statute and by joint resolution of Congress as "private law". See US Statutes at Large.
: Point well taken.
: I assume by 'federal' citizen you mean one who lives within Mr. Mitchell's "federal zone", comprising DC or a federal possession or territory, whereas your National Citizen might also live within a State of the Union. (I believe a federal citizen would also be a national citizen, wouldn't he/she?) If those definitions hold, then there were federal citizens before 1801 in the territories and possessions. The 'federal' government derived its power from the Constitution (AI, S8, C17 and AIV, S3, C2) long before the 14th Amendment showed up. I sort of view this situation in this manner. The federal government fulfills two roles, a 'national' government over all the people, and a 'federal' government (to use your terms) which substitutes for a State government in DC and the territories/possessions. In its role as a 'federal' government, it cannot reach State Citizens outside its territorial jurisdiction, in its 'national' role, it reaches all Citizens, everywhere in the United States.
Prior to 1801 the void in citizenship in possessions and territories was governed by the Northwest Ordinance. After 1801 D of C citizenship (federal) was expanded over many decades by various legislative acts and the 14th Amendment.
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