At birth, are we state citizens or are we automatically U.S. citizens under the 14th Amendment?
Answer: No. Citizenship is political allegiance. We are all created equal with unalienable rights that governments are instituted among men to secure.
John Locke’s Second Treatise of Government, which was the foundation for most of the Declaration of Independence, in his Chapter 6 “Paternal rights”, says that a child is not subject to legislated laws until he is old enough to make binding contracts. He said in paragraph 57: “for nobody can be under a law, which is not promulgated to him” and later in paragraph 73 when children become 21 years old they can choose which government to place themselves under, and, according to paragraph 62, this cannot happen until they have the recognized right to take binding oaths of allegiance.
At birth, you are subject to your father’s coverture. If the state finds out that you exist, they might consider you to be an inhabitant. After all, they count infants in the census. The received-law-of-the-land, in the Articles of Confederation, Article 4, says that inhabitants have the same rights as a citizen.
US Supreme Court in 1941 (6 years after the Social Security Act) Edwards v. California, 314 US 172, at the bottom of page 183 “birth within a state does not establish citizenship thereof.”
You have to apply for federal citizenship.
Kitchens v. Steel, 112 F.Supp 383: “A citizen of the United States is a citizen of the federal government”
Notice the words of the 14th Amendment “and subject to the jurisdiction thereof” — which is different than the 13th Amendment’s “subject to their jurisdiction” — plural states prior to the 14th, singular federal government in and after the 14th. It is a totally new kind of citizenship — created by and subject to the federal government. No longer subject to the states that created the federal government.
Also notice that the word “Citizen” is ALWAYS capitalized prior to the 14th Amendment, and always lower case thereafter.
The 14th Amendment is one of the Martial Law amendments.
Prior to the 13th Amendment there were three types of Martial Law (see Luther v. Borden, 1849), but the 13th added another Martial Law Rule with section 2 “Congress shall have power to enforce this article by appropriate legislation.”
This is legislative enforcement is required in 8 of the Amendments (13, 14, 15, 18, 19, 23, 24, 26)
They are enforced in LEGISLATIVE TRIBUNALS. (allowed by Article 1, section 8. DO NOT confuse these with judicial courts of Article 3.) AND JUDGES IN EVERY STATE SHALL BE BOUND THEREBY (Article 6, second paragraph) even if they are contrary to State Constitutions.
We are still under Martial Law Rule.
The 14th Amendment allowed freed slaves, and anyone else, to seek federal benefits. Back then it was the Freedmen’s Bureau. Now it is Social Security.
The Expatriation Act of 1868 was passed the day prior to the ratification of the 14th Amendment.
It allows federal welfare for anyone who becomes a citizen (lower case c citizen of the 14th Amendment).
The Expatriation Act says: “This claim of foreign allegiance should be promptly and finally disavowed:…”
Once you expatriate from the [foreign State of the Union, to the federal government] by seeking federal benefits, your allegiance to the foreign State of the Union is “promptly and finally disavowed” This is why the U.S. is one of the two countries on the globe that taxes their citizens wherever they are located.
Furthermore, you can no longer have standing in any court to complain about how your slave status.