The Federal government was created in 1777 by the union of
thirteen colonies of Great Britain in "certain articles of
confederation and perpetual union," the first one of which
declared that the "stile of this confederacy shall be the United
States of America." Each member of the confederacy was
denominated a state. ...
The confederacy, owing to well known historical reasons,
having proven a failure, a new Constitution was formed in 1787 by
"the people of the United States of America," as its preamble
declares. ...
The Constitution was created by the people of the United
States, as a union of states, to be governed solely by
representatives of the states; ...
In short, the Constitution deals with states, their people,
and their representatives.
The 13th Amendment to the Constitution prohibiting slavery
and involuntary servitude "within the United States, or any place
subject to their jurisdiction," is also significant as showing
that there may be places within the jurisdiction of the United
States that are not part of the Union. To say that the
phraseology of this amendment was due to the fact that it was
intended to prohibit slavery in the seceded states, under a
possible interpretation that those states were no longer part of
the Union, is to confess the very point in issue, since it
involves an admission that, if the states were not a part of the
Union, they were still subject to the jurisdiction of the United
States.
Upon the other hand, the 14th Amendment, upon the subject of
citizenship, declares only that "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." Here there is a limitation to persons born or
naturalized in the United States which is not extended to persons
born in any place "subject to their jurisdiction."
[Downes v. Bidwell, 182 U.S. 244, 249-251]
[45 L.Ed. 1088, 1092 (1900)]
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Downes v. Bidwell