Allegiance for protection better known as the citizenship contract.

While debating fellow researchers of law, it was attested that citizenship was not a contract. I hope to explain fully that citizenship is a contract, and has always been such. In its basic form it is called allegiance for protection, a classic benefits for obligations contract. This has to do with citizenship of the national government as well as when there were just state citizens as well. Some people think that being citizens of the state means you are free, but it does not, it just means you have a contract with the state instead of the federal government. Here are some quotes to help illustrate what I am talking about.


The United States Supreme Court once drew a parallel between

CITIZENSHIP and membership in an association so well, that it

triggered my analogy to that of joining a Country Club:




  "... Each of the persons associated becomes a member of the

nation formed by the association. He owes it allegiance and

is entitled to its protection. Allegiance and protection are,

in this connection reciprocal obligations. The one is a

compensation or the other; allegiance for protection and

protection for allegiance.




  "For convenience it has been found necessary to give a name to

this membership. The object is to designate by title the

person and the relation he bears to the nation. For this

purpose the words "subject," "inhabitant" and "citizen" have

been used, and the choice between them is sometimes made to

depend upon the form of the Government. Citizen is now more

commonly employed, however, and as it has been considered

better suited to the description of one living under a

Republican Government, it was adopted by nearly all of the

States upon their separation from Great Britain, and was

afterwards adopted in the ARTICLES OF CONFEDERATION and in the

Constitution of the United States. When used in this sense it

is understood as conveying the idea of membership of a nation,

and nothing more."

- MINOR VS. HAPPERSETT, 88 U.S. 161, at 166 (1874).

 

 

"Since the 14th Amendment makes one a Citizen of the state where

ever he resides, the fact of residence creates universally

recognized reciprocal duties of protection by the state and of

allegiance and support by the Citizen. The latter obviously

includes a duty to pay taxes, and their nature and measure is

largely a political matter."

- MILLER BROTHERS VS. MARYLAND, 347 U.S. 340, at 345

(1954).

 

 

"In every civilized Country, the individual is BORN to duties

and rights, the duty of allegiance and the right to

protection; and these are correlative obligations, the one the

price of the other, and they constitute the all-sufficient

bond of union between individual and his Country; and the

Country he is born in is, PRIMA FACIE, his Country. In most

countries the old law was broadly laid down that this natural

connection between the individual and his native country was

perpetual; at least, that the tie was indissoluble by the act

of the subject alone..."

  "But that law of the perpetuity of allegiance is now

changed..." [meaning Americans can dissolve the tie whenever

they feel like it, a severance not possible under the old

Britannic rule of Kings.]

  - Edward Bates, United States Attorney General, in

["Citizenship"], 10 Opinions of the Attorney General 382 at

394, [W.H. & O.H. Morrison, Washington (1868)].

 

 

 

 

"This Government... has certainly some power to protect its

own Citizens in their own country. Allegiance and protection

are reciprocal rights."

- CONGRESSIONAL GLOBE, 39th Congress, 1st Session, at page

1757 (1866).

 

 

 

The word CITIZEN appears four times in the 14th Amendment; some

are in reference to Citizens of the United States, and others are

in reference to Citizens of the several States. There is a

Citizenship Clause in the 14th Amendment pertaining to the

benefits [a RIGHT is also frequently a benefit] enjoyed by

Citizens of the States in relationship to the benefits enjoyed by

Citizens of other States. Called the PRIVILEGES AND IMMUNITIES

CLAUSE, this Clause has generated a large volume of Court Cases.

See:

- THE PRIVILEGES AND IMMUNITIES OF CITIZENS IN THE SEVERAL

STATES, 1 Michigan Law Review 286 (1902);

  - Roger Howell in CITIZENSHIP - THE PRIVILEGES AND IMMUNITIES

OF STATE CITIZENSHIP [John Hopkins Press, Baltimore (1918)];

  - Arnold J. Lien in PRIVILEGES AND IMMUNITIES OF CITIZENS

[Columbia University Press, New York (1913)].

 

 

The most predominate ways that an individual can become subject to

the jurisdiction of the United States is by:

1. Violating a law the Government is authorized to prosecute

(counterfeiting, bank robbery, treason, etc.);

2. Be employed by the Federal Government;

3. Apply for its privileges, or accept its benefits;

See generally:

  - John H. Hughes in THE AMERICAN CITIZEN -- HIS RIGHTS AND

DUTIES [Pudney & Russell, New York (1857)];

  - Luella Gettys in THE LAW OF CITIZENSHIP IN THE UNITED

STATES [University of Chicago Press, Chicago (1934)];

  - Albert Brill in TEN LECTURES ON CITIZENSHIP [Ascendancy

Foundation, New York (1938)];

  - David Josiah Brewer in YALE LECTURES ON THE RESPONSIBILITY

OF CITIZENSHIP -- OBLIGATIONS OF CITIZENS [C. Scribner's Sons,

New York (1907)];

  - Imp Charles Beard in AMERICAN CITIZENSHIP [MacMillian, New

York (1921)];

  - Editors, UNITED STATES CITIZENSHIP "Rights and Duties of an

American" [American Heritage Foundation, New York (1948)];

  - Nathan S. Shaler in CITIZENSHIP "The Citizen -- A Study of

the Individual and the Government" [A.S. Barnes & Company, New

York (1904)];

  - Melvin Risa in CITIZENSHIP "Theories on the Obligations of

Citizens to the State," Thesis, [University of Pennsylvania,

Philadelphia (1921)];

  - Ansaldo Ceba in CITIZENSHIP "Rights, Duties, and Privileges

of Citizens" [Paine & Burgess, New York (1845)].

 

 

 

As you can see, the courts and you will find history of citizenship agrees that it is a allegiance for protection contract.

 

Remember, to understand citizenship, you must research citizenship first.