This Article analyzes the term "citizenship" in the United States in light of American jurisprudence and the Privileges and Immunities Clause in the Fourteenth Amendment. It examines the meaning of the term "citizen" as used in the social compact theories of various natural law theorists and in the Roman law. It also discusses the Supreme Court's decision in Dred Scott v. Sandford in terms of this historical framework. The author argues that the Citizenship Clause of the U.S. Constitution may be interpreted to represent a guarantee binding upon both state and federal governments of certain fundamental rights inherent in the concept of citizenship as understood at the time of ratification of the Fourteenth Amendment.
Douglas G. Smith,
Citizenship and the Fourteenth Amendment,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss2/8