Re: What is a Citizen?

McGyver wrote:
"BoyntonStu" < stu@xxxxxxxxxx > wrote in message news:1143636044.807514.309780@xxxxxxxxxxxxxxxxxxxxxxxxxxxx ...

What is a Citizen?

There are lots of definitions. Here's the official one: (U.S. Constitution. Amendment XIV. Section 1.) 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's an unofficial one: A citizen is an inhabitant of a city or town, one possessing civic rights and privileges; a member of state, an enfranchised inhabitant of a country as opposed to an alien; in U.S. a person, native or naturalized who has the privilege of voting for public offices, and is entitled to full protection in the exercise of private rights.

Is there a 'contract' between a Citizen and the State?

No. A contract is an intentional agreement, enterred into by persons who are legally competant and who intend to be bound by their promises as stated in the contract. Citizenship in most cases is the result of a person's birth, not of that person's intentions. In other cases, naturalization comes close to meeting the repuirements of contract law, but doesn't quite make it. Remember that naturalization can be accomplished by babys and non-competant dependants who are not intending anything.

It is more of a compact or treaty than a literal contract, but it is intended to have the same effect. In the abstract, we give up some of our inalienable rights in order that we might preserve the remainder of them by taking advantage of the strength of numbers. Continued consent of the governed can be seen as an implied contract.

What are the duties/responsibilities of each?

If there was a contract, I could tell you, simply by reading it. That's one of the features of a contract - it is possible to determine all of the obligations.

It is possible to do so with respect to the Constitution and Bill of Rights, though there are vague terms in the contract which are amenable to interpretation.

Bottom line, it all depends on what the meaning of the word "contract" is, and how literally or narrowly you intend to define it.

This answer must not be relied on as legal advice for the reasons posted here:
http://mcgyverdisclaimer.blogspot.com

McGyver



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