15. Be able to give a five-minute talk on John Marshall and the unwritten constitution.

16. What would have been the effect on our Constitution if the idea of an unwritten constitution had not been developed?

17. Why do not the state constitutions generally recognize this idea of an unwritten constitution?

THE OATH OF ALLEGIANCE

The oath which the petitioner takes is:

"I HEREBY DECLARE ON OATH, THAT I AB

SOLUTELY AND ENTIRELY RENOUNCE AND ABJURE ALL ALLEGIANCE AND FIDELITY TO ANY FOREIGN PRINCE, POTENTATE, STATE OR SOVEREIGNTY, AND PARTICULARLY TO (NAME OF SOVEREIGN OF COUNTRY), OF WHOM I HAVE HERETOFORE BEEN A SUBJECT; THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, AND THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME."

CHAPTER NINE

UNITED STATES CITIZENSHIP

Defined.

While the word "citizen" is frequently used in the CitizenConstitution, no definition of its meaning is given ship in the Constitution as originally adopted. In the Fourteenth Amendment, however, adopted in 1868, citizenship is defined as follows:

"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."

A double citizenship is thus recognized: (1) A United States citizenship, and (2) A state citizenship.

One of the greatest defects of the government under the Articles of Confederation was, as we have seen (p. 63), that it operated upon states and not upon individuals. This defect was overcome by the creation of a United States citizenship whereby the Constitution operates directly upon individuals. The United States citizenship is superior to the state citizenship, and a citizen's loyalty is due first to the United States, and then to the particular state in which he resides.

How an

A subject of a foreign power residing in the

Alien may United States is called an alien. The process by

Acquire
Citizen-

ship.

Process of Naturalization.

which an alien becomes a citizen of the United
States is called "naturalization." Naturalization is
limited to persons who:

(1) Can speak the English language,
(2) Are of good moral character,
(3) Believe in organized government,
(4) Are opposed to polygamy,

(5) Intend to reside permanently in the United
States, and

(6) Come from a state which is at peace with the United States.

(7) Attached to the principles of the Constitution of the United States.

Naturalization is permitted to all peoples except certain of the yellow race and is accomplished as follows:

(1) Declaration of Intention. An alien wishing to become a citizen of the United States must first make a declaration under oath before a court of record of his intention to become a citizen, and to renounce all allegiance to any foreign power.

(2) Petition for Naturalization. Not less than two years after filing his declaration of intention, and after not less than five years' continuous residence in the United States, he may file in any court of record, a petition for naturalization, proving by two witnesses who are citizens of the United States that he has been a resident of the United States for five consecutive years, and, during the year preceding

his petition, a resident of the state in which he makes application for admission. His children who are under twenty-one years of age also become citizens by his act.

Since 1922 his wife, like an unmarried alien woman, must take steps of naturalization the same as her husband.

The citizenship of a married woman is now independent of her husband's. If an American woman marries a foreigner and still lives in the United States, she retains her citizenship. An alien woman who marries an American and comes here to live must be naturalized before becoming a citizen, but the period of complete naturalization in her case is one year.

(3) Admission. If the court is satisfied with the truthfulness of the statements, the applicant may then become a citizen by:

(a) Renouncing all allegiance to any foreign power. (b) Renouncing all foreign titles or orders of nobility, and

(c) Making oath to support the Constitution of the United States.

The United States citizenship thus created does not necessarily entitle the citizen to the right of suffrage. The privilege of voting is a gift of the state, and is conferred at the pleasure of the individual states. In some states aliens who have filed their declaration of intention are permitted to vote, while in others the privilege is granted

Validity

of Naturalization in the United States.

only to those who are actual citizens of the United States.

The United States has always contended that any citizen of a foreign nation has the right to expatriate himself and become a citizen of the United States. The attitude of the United States on this question was set forth fully and explicitly in the Koszta case in 1853. In 1850 one Martin Koszta, a Hungarian by birth, came to America and declared his intention to become a citizen of the United States. After about two years' residence in the United States he went to Smyrna where the American diplomatic representative granted him a kind of guarantee of safe conduct. While in Asia Minor in 1853, he was arrested by the Austrian government on account of his complicity in a rebellion in his native land prior to his coming to America. His appeal to the United States government for protection on the ground that he had applied for naturalization papers as an American citizen and the activity of the United States resulted in his release through the efforts of President Pierce. His release was not accomplished, however, without strenuous protest on the part of Austria. The Secretary of State ruled that: "This right to protect persons having a domicile, though not native-born or naturalized citizens, rests on the firm foundation of justice."

Many foreigners in years past have become naturalized citizens of the United States in order to escape military and other service in their native