CITES BY TOPIC:  nationality

United States nationality law (OFFSITE LINK) -Wikipedia


Black's Law Dictionary, Sixth Edition, p. 1025

"Nationality.  That quality or character which arises from the fact of a person's belonging to a nation or state.  Nationality determines the political status of the individual, especially with reference to allegiance; while domicile determines his civil status.  Nationality arises either by birth or by naturalization.  See also Naturalization."

[Black's Law Dictionary, Sixth Edition, p. 1025]


New Hampshire v. Louisiana, 108 U.S. 76 (1883)

HN6 All the rights of the States as independent  [***662]  nations were surrendered to the United States. The States are not nations, either as between themselves or towards foreign nations. They are sovereign [****28]  within their spheres, but their sovereignty stops short of nationality. Their political status at home and abroad is that of States in the United States. They can neither make war nor peace without the consent of the national government. Neither can they, except with like consent, "enter into any agreement or compact with another State." Art. 1, sec. 10, cl. 3.

[New Hampshire v. Louisiana, 108 U.S. 76 (1883)]


Cabebe v. Acheson, 183 F.2d. 795, 797 (9th Cir. 1950)

"Nationality" is a term denoting a relationship between an individual and a nation "involving the duty of obedience [or "allegiance"] on the part of the subject and protection on the part of the state." And, it is domestic rather than international law which in most circumstances determines acquisition or loss of nationality. United States nationality depends primarily upon the place of birth, the common law principle of jus soli having been embodied in the Fourteenth Amendment of the Constitution of the United States. Nationality may also be acquired by naturalization and lost by expatriation.

[Cabebe v. Acheson, 183 F.2d. 795, 797 (9th Cir. 1950); SOURCE: https://scholar.google.com/scholar_case?case=2740197637129736182 ]

[EDITORIAL: Note how the Court equates "nationality" with "citizen" status as used in 14th Amendment. also: "Nationality may also be acquired by naturalization and lost by expatriation.".

An American national need not relinquish his nationality in order to change the status of the SSN assigned to his legal person to "foreign" aka that of a nonresident alien for federal tax purposes, using 26 C.F.R. §301.6109-1(g)(1)(i)]


United tates v. Wong Kim Ark, 169 U.S. 649, 709 (1898)

The framers of the Constitution were familiar with the distinctions between the Roman law and the feudal law, between obligations based on territoriality and those based on the personal and invisible character of origin, and there is nothing to show that in the matter of nationality they intended to adhere to principles derived from regal government, which they had just assisted in overthrowing.

[United States v. Wong Kim Ark, 169 U.S. 649, 709 (1898)]


United States v. Wong Kim Ark, 169 U.S. 649, 707-08 (1898)

Nationality is essentially a political idea, and belongs to the sphere of public law. Hence Mr. Justice Story, in Shanks v. Dupont, 3 Pet. 242, 248, said that the incapacities of femes covert, at common law, "do not reach their political rights, nor prevent their acquiring or losing a national character. Those political rights do not stand upon the mere doctrines of municipal law, applicable to ordinary transactions, but stand upon the more general principles of the law of nations."

[United States v. Wong Kim Ark, 169 U.S. 649, 707-08 (1898)]


Mesnaoui v. Berlowitz, No. C 11-03165 LB, at *4 (N.D. Cal. Feb. 13, 2012)

“This allegation clearly is insufficient, but to the extent Mr. Mesnaoui's is attempting to allege a violation of Article 15 of the University Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (1948), which states that '(1) Everyone has the right to a nationality[ and] (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality,' the United States Supreme Court has made clear that 'the Declaration does not of its own force impose obligations as a matter of international law.'”

[Mesnaoui v. Berlowitz, No. C 11-03165 LB, at *4 (N.D. Cal. Feb. 13, 2012)]


U.S. Government Style Manual, Chapter 5

Nationalities, etc.

5.22. The table beginning on page 233 shows forms to be used for nouns and adjectives denoting nationality.

5.23. In designating the natives of the several States, the following forms will be used.

Alabamian

Alaskan

Arizonan

Arkansan

Californian

Coloradan

Connecticuter

Delawarean

Floridian

Georgian

etc.

I believe this is a missing key ingredient in the various forms.

Example:

Nationality: Texan

[and cite G.P.O. Style Manual 5.22 and 5.23]

[U.S. Government Style Manual, Chapter 5]