The path to becoming a “state national” depends heavily on which legal definition you are referring to, as the term is often confused or used incorrectly.
In U.S. Law, the term refers to one of two things:
- A U.S. Citizen and National (the status of almost everyone born in the 50 states).
- A Non-Citizen U.S. National (a distinct, statutory status).
It is important to note that certain groups promote an ideology known as the Sovereign Citizen movement, which uses the term “State National” to describe a common law status they believe grants them immunity from federal law and taxes. This concept has no basis in legitimate U.S. law and can lead to serious legal consequences.
1. Statutory U.S. National Status (Under U.S. Law)
The Immigration and Nationality Act (INA) defines a “national of the United States” as either:
- (A) a citizen of the United States, or
- (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
A. Non-Citizen U.S. National
This is the only type of national status that is not citizenship. It is a rare legal status primarily determined by birthplace:
- Birth in American Samoa or Swains Island: Individuals born in these outlying possessions of the United States are typically nationals but not citizens at birth. They owe allegiance to the U.S. and can live and work in the country, but they do not automatically have the right to vote in federal elections.
- Acquiring the Status: For nearly everyone else, becoming a non-citizen national is not a standard immigration path and is determined by birth to non-citizen national parents who meet specific residency requirements.
- Becoming a Citizen: A non-citizen U.S. national may apply for U.S. citizenship through the naturalization process (Form N-400), often with slightly different requirements than permanent residents (Green Card holders).
B. U.S. Citizen and National
If you were born in any of the \mathbf{50} States or the District of Columbia, you are automatically a U.S. Citizen and a U.S. National at birth under the 14th Amendment and the INA.
2. The “State National” Claim (Sovereign Citizen Movement)
The concept of a “State National” that is separate from a “Federal Citizen” is a core tenet of the Sovereign Citizen movement.
- The Claim: Followers claim that the 14th Amendment created a separate class of “Federal Citizens” (those who submit to federal laws and taxes) and that they can revert their status to a “state national” or “de jure citizen” to be exempt from federal, state, and local laws (especially taxes, driving licenses, and court jurisdiction).
- The Reality: This legal interpretation is universally rejected by courts and legal authorities in the United States. Attempting to use these theories to avoid legal responsibilities or engage in legal proceedings (e.g., filing spurious liens or using unapproved paperwork) can result in criminal charges, fines, and imprisonment.
⚠️ Warning: Do not rely on claims from the Sovereign Citizen movement regarding your legal status. To confirm your legal status in the U.S., consult official resources from the Department of State or U.S. Citizenship and Immigration Services (USCIS).
The 14th Amendment is one of the most consequential and frequently litigated amendments to the U.S. Constitution. Ratified in 1868 following the Civil War, its primary purpose was to secure rights for formerly enslaved people, but its language now extends core protections to all persons.
The amendment is critical because it shifted the balance of power, applying fundamental constitutional rights and guarantees—many of which were originally only aimed at the Federal government—to state and local governments as well.
Here is a breakdown of its most important provisions, which are all contained in Section 1:
🏛️ Key Provisions of the 14th Amendment (Section 1)
1. The Citizenship Clause
“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.”
- The Effect: This clause established birthright citizenship (or jus soli), meaning virtually anyone born on U.S. soil is automatically a citizen, regardless of their parents’ immigration status. It overruled the Supreme Court’s 1857 Dred Scott decision, which had denied citizenship to people of African descent.
2. The Due Process Clause
“Nor shall any State deprive any person of life, liberty, or property, without due process of law…”
- The Effect: This clause requires states to respect legal rights owed to a person. It has been interpreted in two ways:
- Procedural Due Process: The government must follow fair procedures (like giving notice and a hearing) before taking away a person’s life, liberty, or property.
- Substantive Due Process: The Supreme Court has used this to protect certain fundamental rights (like the right to marry, the right to privacy, and the right to raise children) from state interference, even if fair procedures are followed.
- Incorporation Doctrine: Crucially, this clause is the basis for the Incorporation Doctrine, which uses the Due Process Clause to apply almost all of the protections of the Bill of Rights (like freedom of speech, freedom of religion, and protection against unreasonable searches) to state and local governments.
- The Effect: This is the most frequently cited clause in civil rights litigation. It requires states to treat all people under their jurisdiction equally.
- Landmark Cases: This clause formed the legal basis for:
- Ending racial segregation (Brown v. Board of Education).
- Securing protections against discrimination based on race, national origin, and gender.
- Extending the right to marry to same-sex couples (Obergefell v. Hodges).
- The Effect: This clause was originally intended to be a broad guarantee of fundamental rights against state abuse, but its impact was severely limited by an early Supreme Court ruling (Slaughter-House Cases, 1873). Today, it is largely overshadowed by the Due Process and Equal Protection Clauses.
- Section 2: Deals with Congressional apportionment (how seats in the House are distributed), originally intending to penalize states that denied voting rights (at the time, to male citizens).
- Section 3: Known as the Disqualification Clause, it bars certain officials who engaged in insurrection or rebellion against the U.S. after taking an oath to support the Constitution from holding future office.
- Section 4: Affirmed the validity of the U.S. public debt and forbade the U.S. and states from paying any debts incurred in aid of the Confederacy.
- Section 5: Grants Congress the power to enforce the amendment through appropriate legislation.