Dual Sovereignty and Citizenship

The intent of the framers of the Constitution was to build a nation based on the concept of dual sovereignty. Under this concept each state was to function almost as its own nation with the exception of the powers specifically enumerated to be retained by the federal government. This arrangement would be similar to the European Union with each nation holding its own sovereignty but bound by powers given to the Union. This concept of dual sovereignty left several items loosely defined, one of which was citizenship.

Obviously, as the nation was forming citizenship was bestowed on those present. In the original Articles of Confederation this statement can be found:

The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States;

So, with a few exceptions, if you were an inhabitant of one of the States, you became a citizen of the Union.

With the implementation of the Constitution this, in Article 4, Section 2, became:

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

In other words, once you are a citizen of a state, your a citizen of the United States. I was curious as to what State I am a citizen of, I was born in Alabama but reside in Indiana. I checked the constitutions of both Alabama and Indiana and found nothing denoting citizenship of either State. The closest thing I could find has to do with the ability to vote, if I am a resident of Indiana and a citizen of the United States I am eligible to vote. It gets more confusing, Article 1, Section 9 of the Constitution states:

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight

Basically, after 1808 individual states can't define citizenship. The framers of the Constitution were dealing the probability that some states would have lesser requirements for citizenship than other states, particularly in the area of slavery. The same disagreement would occur today if states were allowed to bestow citizenship. Imagine if the four states along the Mexico border could each independently establish citizenship requirements, there would be a vast discrepancy between the citizenship requirements in California versus those in Texas.

Notice the circular logic here, you're a citizen of the United States if you're a citizen of any state, but states can't define citizenship. The Fourteenth Amendment finally provided some clarity:

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.

Now I know I am a citizen of the United States based on being born in Alabama and a citizen of Indiana based on my residency. Based on my citizenship in Indiana, I am subject to the laws of Indiana, and based on my United States citizenship, I am subject to the federal laws of the United States.

Dual sovereignty didn't just cause some confusion over citizenship, there are a couple of other situations that may surprise you.