The tricky capital 'C'Submitted by juliusbragg on Sun, 08/22/2010 - 12:19
For those who don't know, capitalization in law is extremely important!! It sometimes is the ONLY way to distinguish between two completely different things.
see Cal Rev Tax Code 6017 vs 60017
see USC Title 26 "State" vs state
Well, the writers of the Constitution were VERY careful to keep capitalization uniform throughout all of the Constitution and the Amendments...that is until the 14th Amendment which for the first time used a lower case "c" in "citizen of the United States".
Since the original Constitution wasnt repealed, does it mean that very few Americans are legally able to be in Congress or President??? Does it mean that "citizens" arent afforded "human rights" and Constitutional Protection and instead get "civil rights" and government protection??
- civil rights
–plural noun ( often initial capital letters )
rights to personal liberty established by the 13th and 14th Amendments to the U.S. Constitution and certain Congressional acts, esp. as applied to an individual or a minority group.
the rights to full legal, social, and economic equality extended to blacks.
(law) any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere (including rights to life and liberty as well as freedom of thought and
expression and equality before the law)
see the requirements.
The Constitution of September 17, 1787 required of the first
Members of the House of Representatives that: "No Person shall be
a Representative who shall not have attained to the Age of twenty
five Years, and been seven Years a Citizen of the United States,
and who shall not, when elected, be an Inhabitant of that State in
which he shall be chosen."
The Constitution of September 17, 1787 required this of Senators:
"No Person shall be a Senator who shall not have attained to the
Age of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that
State for which he shall be chosen."
The Constitution of September 17, 1787 required this of persons
who would fill the Office of President: "No Person except a natural
born Citizen, or a Citizen of the United States, at the time of the
Adoption of this Constitution, shall be eligible to the Office of
President; neither shall any Person be eligible to that Office who
shall not have attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States."
So my question for you is:
why did they use a lower case "c" in the 14th Amendment, if it wasnt to create a "new class" of citizen (one that isnt in the Constitution nor afforded the protection therein) as the Supremem court said?
"The first clause of the fourteenth amendment 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."
[Cory et al. v. Carter, 48 Ind. 327]
"We might say that such regulations were unjust, tyrannical, unfit for the regulation of an intelligent state; but, if rights of a citizen are thereby violated, they are of that fundamental class, derived from his position as a citizen of the state, and not those limited rights belonging to him as a citizen of the United States; and such was the decision in Corfield v. Coryell."
[The United States v. Susan B. Anthony (11 2nd. Jud. Cir.] 200, 1873)
"[W]e find nothing…which requires that a citizen of a state must also be a citizen of the United States, if no question of federal rights or jurisdiction is involved."
[Crosse v. Bd. of Supvrs of Elections, 221 A.2d. 431 (1966) ]
"United States citizenship does not entitle citizens to rights and privileges of state citizenship."
[K. Tashiro v. Jordan, 201 Cal. 236, 256 P. 545 (1927), 48 Supreme Court. 527.]