For Aug 2 2018 Call - Choice of "Citizenhip" is strictly political question
Posted: Thu Aug 02, 2018 10:04 pm
Hi All,
NOTICE:
"Citizenship is a political tie; allegiance is a territorial tenure...The doctrine is, that allegiance cannot be due to two sovereigns; and taking an oath of allegiance to a new, is the strongest evidence of withdrawing allegiance from a previous, sovereign..." - Talbot v. Janson, 3 U.S. 133 (1795)
i.e. constitutional citizenship is a POLITICAL status rather than a CIVIL or STATUTORY status. Courts cannot get into "political matters" [outside of any man or woman causing harm, injury, or loss]
NOTICE:
"Citizenship is a political tie; allegiance is a territorial tenure...The doctrine is, that allegiance cannot be due to two sovereigns; and taking an oath of allegiance to a new, is the strongest evidence of withdrawing allegiance from a previous, sovereign..." - Talbot v. Janson, 3 U.S. 133 (1795)
i.e. constitutional citizenship is a POLITICAL status rather than a CIVIL or STATUTORY status. Courts cannot get into "political matters" [outside of any man or woman causing harm, injury, or loss]