Two Distinct State Citizens for Purposes of Diversity of Citizenship

Abstract

In any State of the Union, since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there are now two distinct state citizens. The first is recognized at Article IV, Section 2, Clause 1 of the Constitution. The next is recognized at Section 1, Clause 1 of the Fourteenth Amendment. A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution is a citizen of the several States. A citizen of a State, under Section 1, Clause 1 of the Fourteenth Amendment, is a citizen of the United States. Privileges and immunities of a citizen of the United States are not the same as privileges and immunities of a citizen of the several States. Slaughterhouse Cases (83 U.S. (16 Wall.) 36, at 74, 1873). Therefore, there are two distinct state citizens. Chadwick v. Kelley (187 U.S. 540, at 546, 1903). Article III, Section 2 of the Constitution of the United States of America provides that “[t]he judicial Power shall extend to controversies between Citizens of different States.” Jurisdiction then of the courts of the United States is declared to extend to controversies between “citizens of different States.” A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, only has to aver that he or she is a citizen of a State of the Union. Brown v. Keene (33 U.S. (Peters 8) 112, at 115 thru 116, 1834). A citizen of a State, under Section 1, Clause 1 of the Fourteenth Amendment, is to aver that he or she is a citizen of the United States AND a citizen of a State of the Union. Steigleder v. McQuesten (198 U.S. 141, 141 and 142, 1905). See also Sun Printing & Publishing Association v. Edwards (194 U.S. 377, 383, 1904). A citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, can pursue a cause of action against another citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution. Brown v. Flectcher (235 U.S. 589, at 594, 1914). Thus, there are two distinct state citizens for purposes of diversity of citizenship.