Definition of citizen ship. Naturalization. Rights protected by the national ence to the authority that protects him in the enjoyment of his rights. The definition of a citizen is given in the Fourteenth Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." As Indians on reservations are not really "subject to the jurisdiction" of the United States, they are not citizens. All others born in this country or of American citizens abroad, are citizens. Naturalization is either individual or collective. Collective naturalization occurs when a large number of persons are given the rights of citizenship by treaty, constitutional amendment, or congressional law. The process of individual naturalization is described in § 288. 223. The Rights of United States Citizenship. — Among the privileges and immunities enjoyed by a citizen under government. the national government are the right to transact business with that government, "to seek its protection, to share its offices, to engage in administering its functions. He has the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the subtreasuries, land offices, and courts of justice in the several States. . . "Another privilege of a citizen of the United States is to demand the care and protection of the federal government over his liberty, life, and property when on the high seas or within the jurisdiction of another government. ... The right to peaceably assemble and petition for redress of grievances, the privilege of the writ of habeas corpus, are rights of the citizen guaranteed by the federal Constitution. The right to use the navigable waters of the United States, however they may penetrate the territory of the several States, all rights secured to our citizens by treaties with foreign nations, are dependent upon citizenship of the United States, and not citizenship of a State. . . . A citizen of the United States can, of his own volition, become a citizen of any State of the Union by a bona fide residence therein, with the same rights as other citizens of the State. To these may be added the rights secured by the thirteenth and fifteenth articles of amendments," and by the clauses of the fourteenth. 1 224. State Citizenship.—While no State can create citizen- Rights protected ship by its laws, the larger part of the rights of citizens are by state left to the supervision of the state governments, just as the governsphere of state activity is larger than that of the central ments. government. It would be difficult to enumerate all of these rights, but among the most important are protection by the state government in matters over which it has control; right to life, liberty, and property, except as restrained for the general good; right to make contracts; to sue and be sued; to inherit, purchase, lease, hold, and dispose of real or personal property; and exemption from unjust taxation or unusual fines or penalties. franchise. The franchise is not a right of citizenship. It is a politi- The elective cal privilege conferred by a State upon such of its members as it deems fit to exercise such a privilege. Voters and citizens are not the same. The latter are much more numerous, but a State may confer the right of suffrage upon aliens, if it wishes. It may also give an alien the rights of state citizenship, though it cannot make him a citizen. General References Hinsdale, The American Government, §§ 223–233, 419–445, 655– 658, 763-772. Ashley, The American Federal State, §§ 232–254. Bryce, The American Commonwealth, abridged ed., pp. 224–253. Studies 1. The advantages of federal systems. Ashley, American Federal State, §§ 235-237. 2. The working relations of the national and state governments. Bryce, The American Commonwealth, abridged ed., pp. 233–242. 1 Justice Miller of the United States Supreme Court, in the Slaughter House Cases, 6 Wallace. Questions 1. Enumerate the powers of Congress. (Constitution, Art. I, § 8.) 2. Name some of the implied powers now exercised by Congress. (Hinsdale, American Government, § 414.) 3. Tell whether the rights of a citizen would be protected in the following cases because of state or United States citizenship: (a) In inheriting property; (b) if injured in China; (c) if on trial for forging a note; (d) when attempting to make another keep a contract; (e) if condemned to be hanged for stealing something to eat; (f) if tried without a jury for treason; (g) if defrauded of a piece of land; (h) if denied the privilege of the writ of habeas corpus in time of peace. CHAPTER XVIII FOREIGN RELATIONS 225. Introduction. subdivisions of Part II. Having noticed the historical de- The three velopment of the national government and the relations existing between the Nation and the States (Chapters XIVXVII), we shall consider first the powers and duties exercised by the national government (Chapters XVIII-XXII), and complete our study by examining the organization, methods, and activities of the different departments of the central government (Chapters XXIII-XXVII). national govern The work performed through the national government Activities may be treated under five heads: (1) foreign relations, of the which are the most distinctive and, in a sense, the most essential of the tasks performed by a central government; ment. (2) national finance, including taxation, expenditure, and debts; (3) regulations affecting internal commerce, especially money and interstate commerce; (4) territories, colonies, and public lands; and (5) miscellaneous activities, including postal service and agricultural activities. DIPLOMATIC RELATIONS 226. International Relations in General. The relations of Inter national defined through interna civilized nations to one another are determined by long- relations standing customs or definite general agreements. The name international law is given to this code of rules and usages which define the rights of nations in their ordinary dealings tional law. with one another. These rules specify the course which must be followed by two powers at war with each other, Woolsey, these nations being called belligerents. They define the national rights of other nations, or neutrals, and protect them from Law, 26–33. Inter Protection of national rights. The United States as a world power. Latané, 261-266. Annals of Am. Acad. Pol. Sci., 26 (1905), 1-31. acts of the belligerents. In time of peace they permit the migration of citizens of one country to others, and allow foreign trade to be carried on. As there is no international government to make, enforce, or interpret these rules, they are often indefinite or laxly observed. Every nation depends for its protection and the promotion of its interests more on its international position, its prestige, the treaties made through the skill of its foreign representatives, the size of its army, and the strength of its navy. Without these protectors it may be browbeaten and subjected to humiliations, as we were a century ago,1 or as many petty States are treated to-day. If it has the misfortune to be inhabited by barbarous or semi-barbarous peoples, it may find that it has no rights which the civilized nations are bound to respect. 2 227. International Relations of the United States. — To-day the United States is treated not only as one of the powers of the world, but as a world power of the first importance. It is considered first and always in any international disputes affecting the Western Hemisphere, because our own interests are paramount in North America and we are recognized as the guardian of South America. Although we refrain from interference in European politics, our views are sought, our good wishes desired, and our displeasure avoided, in all complications of world-wide significance in the far East. The United States has stood for the extension of democracy, the protection of the rights of neutrals, and the preservation of the territorial integrity not alone of Spanish American republics, but of Asiatic monarchies. Although our course has not always been marked by unselfishness and consideration for our weaker neighbors, on the whole it has been straightforward and free from petty intrigues or mean practices. We have gained the respect of the great nations without losing that of weaker States. 1 See Ashley, American History, §§ 239, 257-264. |