Citizenship is a Term of Municipal Law: A Collection of Research Findings by Paul Andrew Mitchell, B.A., M.S. Counselor at Law, Federal Witness and Private Attorney General February 11, 1993 2. Nature and source. Conflict of laws is in reality a part of the subject of international law, which is commonly divided into two aspects, public and private. Public international law, or the law of nations, is that which regulates the political intercourse of nations with each other8 or concerns questions of rights between nations,9 whereas private international law, or conflict of laws, is that which regulates the comity of states in giving effect in one to the municipal laws of another relating to private persons,10 or concerns the rights of persons within the territory and dominion of one state or nation, by reason of acts, private or public, done within the dominion of another,11 and which is based on the broad general principle that one country will respect and give effect to the laws of another so far as can be done consistently with its own interests.12 Private international law assumes a more important aspect in the United States than elsewhere, for the reason that the several states, although united under the same sovereign authority and governed by the same laws for all national purposes embraced by the Federal Constitution, are otherwise, at least so far as private international law is concerned, in the same relation as foreign countries.13 The great majority of questions of private international law are therefore subject to the same rules when they arise between two states of the Union as when they arise between two foreign countries, and in the ensuing pages the words "state," "nation," and "country" are used synonymously and interchangeably, there being no intention to distinguish between the several states of the Union and foreign countries by the use of varying terminology. When a distinction exists, it will be explicitly pointed out.14 Footnotes: 8. Roche v. Washington, 19 Ind 53. 9. Hilton v. Guyot, 159 US 113, 40 L Ed 95, 16 S Ct 139. Generally, see 45 Am Jur 2d, International Law. 10. Roche v. Washington, 19 Ind 53. Conflict of laws is called private international law because it is applied to adjustment of private interests, while public international law is applicable to the relations between states. Garner v. Teamsters, Chauffeurs & Helpers Local Union, 346 US 485, 98 L Ed 228, 74 S Ct 161. 11. Hilton v. Guyot, 159 US 113, 40 L Ed 95, 16 S Ct 139; Union Secur. Co. v. Adams, 33 Wyo 45, 236 P 513, 50 ALR 23. In the sense of public international law, the several states of the Union are neither foreign to the United States nor are they foreign to each other, but such is not the case in the field of private international law. Robinson v. Norato, 71 RI 256, 43 A2d 467, 162 ALR 362. 12. Lowndes v. Cooch, 87 Md 478, 39 A 1045. Ehrenzweig, Interstate and International Conflict of Law: A Plea for Segregation, 41 Minn L Rev 717 (1957); Prebble, Choice of Law to Determine the Validity and Effect of Contracts: A Comparison of English and American Approaches to the Conflict of Laws, 58 Cornell L Rev 433, 485 (1972); Scoles, Interstate and International Distinctions in Conflict of Laws in the United States, 54 Calif L Rev 1599 (1966); Stevenson, The Relationship of Private International Law to Public International Law, 52 Columbia L Rev 561 (1952). 13. Hanley v. Donoghue, 116 US 1, 29 L Ed 535, 6 S Ct 242; Stewart v. Thomson, 97 Ky 575, 31 SW 133; Emery v. Berry, 28 NH 473. 14. The Restatement recognizes that there may be factors in a particular international case which call for a result different from that which would be reached in an interstate case. Restatement, Conflict of Laws 2d Section 10. [16 Am Jur 2d, Conflict of Laws, Section 2] [emphasis added] In the United States, each state constitutes a discrete and independent sovereignty, and consequently the laws of one state do not operate of their own force in any other state. 16 Am Jur J2d, "Conflict of Laws", Section 2. [Ballentine's Law Dictionary, third edition] [emphasis added] Foreign states. Nations which are outside the United States. Term may also refer to another state; i.e. a sister state. The term "foreign nations," as used in a statement of the rule that the laws of foreign nations should be proved in a certain manner, should be construed to mean all nations and states other than that in which the action is brought; and hence one state of the union is foreign to another, in the sense of that rule. [Black's Law Dictionary, sixth edition] [emphasis added] Country. A nation or land, also the people of a nation or state. As the word "country" is used in the revenue laws of the United States, it has always been construed to embrace all the possessions of a nation, however widely separated, which are subject to the same supreme executive and legislative control. Stairs v. Peeslee, (US) 18 How. 521, 15 L Ed 474, 476. [Ballentine's Law Dictionary, third edition] [emphasis added] Citizenship. It is a term of municipal law,34 and carries with it the idea of connection or identification with the state and a participation in its functions, and as such implies much more than residence.35 Footnotes: 34. Roa v. Collector of Customs, 23 Philippine 315, 332 35. Harding v. Standard Oil Co., 182 Fed. 421 [11 C.J. 775-776, emphasis added] Citizen. But a state and the federal government each has citizens of its own, and the same person may be at the same time a citizen of the United States and a citizen of a state. The government of the United States can neither grant nor secure to its citizens rights or privileges which are not expressly or by implication placed under its jurisdiction. All that cannot be so granted or secured are left to the exclusive protection of the states. U.S. v. Cruikshank, 92 U.S. 542, 23 L Ed 588 [Black's Law Dictionary, fourth edition] [emphasis added] Citizenship. Citizenship in the United States is distinguishable from citizenship in a state. [11 C.J. page 776, footnote 38a] Domicile and citizen are synonymous in federal courts. Earley v. Hershey Transit Co., D.C. Pa., 55 F Supp 981, 982. [Black's Law Dictionary, fourth edition] Alien. A person who owes allegiance to a foreign government. De Cano v. State, 7 Wash. 2d 613, 110 P.2d 627, 631, 633. [Black's Law Dictionary, fourth edition] [emphasis added] Nonresident alien. [not defined] [Black's Law Dictionary, fourth edition] ... [I]t has been held or recognized that "state citizenship" and "domicile" are substantially synonymous.68 Footnotes: 68. U.S. -- Baker v. Keck, D.C. Ill., 13 F.Supp. 486 [Black's Law Dictionary, fourth edition] When a person establishes a foreign domicile he loses state citizenship.95 Footnotes: 95. Okl. -- Suglove v. Oklahoma Tax Commission, Oklahoma, 605 P.2d 1315 [14 C.J.S. 29, page 451] [emphasis added] Nonresident Alien. An alien who does not reside within the state. See Estate of Gill, 79 Iowa 296, 9 LRA 126, 44 N.W. Rep. 553 [Ballentine's Law Dictionary, second edition] Nonresident Alien. One who is neither a resident nor a citizen of the United States. Citizenship is determined under the federal immigration and naturalization laws (U.S. Code Title 8). [Ballentine's Law Dictionary, third edition] United States citizen. The antithesis of alien. A person born or naturalized in the United States and subject to the jurisdiction thereof. [Ballentine's Law Dictionary, third edition] ... [T]he term "citizen," in the United States, is analogous to the term "subject" in the common law31; the change of phrase has resulted from the change of government.32 Footnotes: 31. N.C. -- State v. Manuel, 122 N.C. 122 32. N.C. -- State v. Manuel, 20 N.C. 122 [14 C.J.S. 4, page 430] [emphasis added] Inland and Foreign Bills. ... the NIL declares that an inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within "the state." Any other bill is a foreign bill. [11 Am Jur 2d, Inland and Foreign Bills, Section 20] [emphasis added] IRS Forms 1040 are foreign bills of exchange. [Paul Andrew Mitchell, February 11, 1993] No court is to be charged with the knowledge of foreign laws; but they are well understood to be facts which must, like other facts, be proved before they can be received in a court of justice. [cites omitted] It is equally well settled that the several states of the Union are to be considered as in this respect foreign to each other, and that the courts of one state are not presumed to know, and therefore not bound to take judicial notice of, the laws of another state. In Buckner v. Finley, 2 Pet. 586, in which it was held that bills of exchange drawn in one of the states or persons living in another were foreign bills, it was said by Mr. Justice Washington, delivering the unanimous opinion of this court: "For all national purposes embraced by the federal constitution the states and the citizens thereof are one, united under the same sovereign authority, and governed by the same laws. In all other respects the states are necessarily foreign to and independent of each other; their constitutions and forms of government being, although republican, altogether different, as are their laws and institutions." [Hanley v. Donoghue, 116 U.S. 1, 29 L Ed 535] [6 S Ct 242, 244 (1885), emphasis added] ... [T]he body of learning we call conflict of laws elsewhere is called private international law because it is applied to adjustment of private interests, while public international law is applicable to the relations between states.16 [Garner v. Teamsters, Chauffeurs & Helpers Local Union] [346 US 485, 495; 98 L Ed 228; 74 S Ct 161] Footnotes: 16. Goodrich, Conflict of Laws (3rd Ed. 1949), Sections 1, 5 Cheshire, Private International Law (4th Ed. 1952), Section 16 # # #
Return to Table of Contents for
General Resources