Posted by Paul Andrew Mitchell, B.A., M.S. on September 10, 1998 at 19:12:22:
Paraphrasing the Fourth Dicennial Digest (1906):
The First Clause of the so-called 14th Amendment of the
Federal Constitution made negroes "citizens of the United States"
and Citizens of the state in which they reside, and thereby
created two classes of citizens: one of the United States and the
other of the state. 4 Dec. Dig. '06, page 1197; Cory v. Carter,
48 Ind. 327, 17 Am. Rep. 738; and it distinguishes between
federal and state citizenship, Frasher v. State, 3 Tex. App. 263,
30 Am. Rep. 131.
[end of paraphrase]
However, it is not entirely correct to say that
a ratified 14th amendment "created" two classes
of citizenship. It is more correct to say that
it was, at best, an attempt to raise existing
law to constitutional status; that existing law
was the 1866 Civil Rights Act. That attempt
failed miserably. See Dyett v. Turner, published
in part here in the case of USA v. Knudson.
/s/ Paul Andrew Mitchell, B.A., M.S.
Post a Followup