CITES BY TOPIC:  "National" (citizenship)

IMPORTANT NOTE!: 

  1. A "U.S. National" or "national of the United States" is defined in 8 U.S.C. 1408, 8 U.S.C. 1101(a)(22)(B), and 8 U.S.C.  1452.

  2. A "national but not a citizen" defined in 8 U.S.C. 1101(a)(21) and 8 U.S.C. 1452

  3. A "U.S. national" and a "non-citizen national" are NOT the same thing in law!

  4. In terms of tax status under the Internal Revenue Code, however, "U.S. nationals" and "nationals but not citizens" are equivalent, and both are "nonresident aliens" defined in 26 U.S.C. 7701(b)(1)(B)

  5. See "Why you are a "national" or a 'state national' and NOT a 'U.S. citizen'" pamphlet for supporting details


PDF  Why you are a "national" or a "state national" and NOT a "U.S. citizen".  Article on our website based on sections 4.12.6 and 4.12.6.1 of the Great IRS Hoax book.


United States Style Manual, Sections 5.22 to 5.23, U.S. Government Printing Office

Nationalities, etc.

  5.22. The table beginning on page 233 shows forms to be used
for nouns and adjectives denoting nationality.
  5.23. In designating the natives of the several States, the
following forms will be used.
Alabamian
Alaskan
Arizonan
Arkansan
Californian
Coloradan
Connecticuter
Delawarean
Floridian
Georgian
Hawaiian
Idahoan
Illinoisan
Indianian
Iowan
Kansan
Kentuckian
Louisianian
Mainer
Marylander
Massachusettsan
Michiganian
Minnesotan
Mississippian
Missourian
Montanan
Nebraskan
Nevadan
New Hampshirite
New Jerseyan
New Mexican
New Yorker
North Carolinian
North Dakotan
Ohioan
Oklahoman
Oregonian
Pennsylvanian
Rhode Islander
South Carolinian
South Dakotan
Tennessean
Texan
Utahn
Vermonter
Virginian
Washingtonian
West Virginian
Wisconsinite
Wyomingite
 


Title 26: Internal Revenue Code:

The word 'national' or 'national of the United States' is used only three times in the Internal Revenue Code.

  • Section 152 [Dependant Defined]
  • Section 896 [Adjustments of tax on nationals, residents, and corporations of certain foreign countries]

Citizenship Status under 8 U.S.C. v. Tax Status under 26 U.S.C


TITLE 8 > CHAPTER 12 > SUBCHAPTER I > Sec. 1101.

Sec. 1101. - Definitions

(a) (22) The term ''national of the United States'' means

(A) a citizen of the United States, or

(B) a person who, though not a citizen of the United States, owes permanent [but not necessarily exclusive] allegiance to the United States. 


22 CFR 50.1: Definitions

[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR50.1]
[Page 233]

TITLE 22--FOREIGN RELATIONS

CHAPTER I--DEPARTMENT OF STATE
PART 50_NATIONALITY PROCEDURES--Table of Contents
Sec.  50.1  Definitions.
50.1 Definitions.
Subpart A_Procedures for Determination of United States Nationality of a
              Person Abroad

50.2 Determination of U.S. nationality of persons abroad.
50.3 Application for registration.
50.4 Application for passport.
50.5 Application for registration of birth abroad.
50.6 Registration at the Department of birth abroad.
50.7 Consular Report of Birth Abroad of a Citizen of the United States
          of America.
50.8 Certification of Report of Birth Abroad of a United States Citizen.
50.9 Card of identity.
50.10 Certificate of nationality.
50.11 Certificate of identity for travel to the United States to apply
          for admission.

Subpart B_Retention and Resumption of Nationality
50.20 Retention of nationality.
50.30 Resumption of nationality.
 

                     Subpart C_Loss of Nationality

50.40 Certification of loss of U.S. nationality.
50.50 Renunciation of nationality.
50.51 Notice of right to appeal

    Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104, 1502, 1503 and 1504.
    Source: 31 FR 13537, Oct. 20, 1966, unless otherwise noted.

    The following definitions shall be applicable to this part:

    (a) United States means the continental United States, the State of  Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Canal Zone, American Samoa, Guam and any other islands or territory over which the United States exercises jurisdiction.
[. . .]

    (d) National means a citizen of the United States or a noncitizen owing permanent allegiance to the United States.


TITLE 22 > CHAPTER 53 > Sec. 4309a.

Sec. 4309a. - United States responsibilities for employees of the United Nations

(d) United States nationals

This section shall not apply with respect to any United States national.


"national" defined in 8 U.S.C. 1101(a)(21)

(a) (21) The term ''national'' means a person owing permanent allegiance to a state.


Great IRS Hoax, Section 4.6: The Three Definitions of "United States"

...

Another important distinction needs to be made.  Definition 1 [in Hooven and Allison v. Evatt, 324 U.S. 652 (1945)] refers to the country “United States”, but this country is not a “nation”, in the sense of international law.  This very important point was made clear by the U.S. Supreme Court in 1794  in the case of Chisholm v. Georgia, 2 Dall. (U.S.) 419, 1 L.Ed. 440 (1794), when it said:

This is a case of uncommon magnitude. One of the parties to it is a State; certainly respectable, claiming to be sovereign. The question to be determined is, whether this State, so respectable, and whose claim soars so high, is amenable to the jurisdiction of the Supreme Court of the United States? This question, important in itself, will depend on others, more important still; and, may, perhaps, be ultimately resolved into one, no less radical than this 'do the people of the United States form a Nation?

A cause so conspicuous and interesting, should be carefully and accurately viewed from every possible point of sight. I shall examine it; 1st. By the principles of general jurisprudence. 2nd. By the laws and practice of particular States and Kingdoms. From the law of nations little or no illustration of this subject can be expected. By that law the several States and Governments spread over our globe, are considered as forming a society, not a NATION. It has only been by a very few comprehensive minds, such as those of Elizabeth and the Fourth Henry, that this last great idea has been even contemplated. 3rdly. and chiefly, I shall examine the important question before us, by the Constitution of the United States, and the legitimate result of that valuable instrument.
[Chisholm v. Georgia, 2 Dall. (U.S.) 419, 1 L.Ed. 440 (1794)]

Black’s Law Dictionary further clarifies the distinction between a nation and a society by clarifying the the differences between a national government and a federal government, and keep in mind that our government is called “federal government”:

NATIONAL GOVERNMENT.  The government of a whole nation, as distinguished form that of a local or territorial division of the nation, and also as distinguished form that of a league or confederation.

“A national government is a government of the people of a single state or nation, united as a community by what is termed the “social compact,’ and possessing complete and perfect supremacy over persons and things, so far as they can be made the lawful objects of civil government.  A federal government is distinguished from a national government by its being the government of a community of independent and sovereign states, united by compact.”  Piqua Branch Bank v. Knoup, 6 Ohio St. 393.” 
[Black’s Law Dictionary, Revised Fourth Edition, 1968, p. 1176]

So the “United States*” the country is a “society” and a “sovereignty” but not a “nation” under the law of nations, by the Supreme Court’s own admission.  Because the supreme Court has ruled on this matter, it is now incumbent upon each of us to always remember it and to apply it in all of our dealings with the Federal Government.  If not, we lose our individual Sovereignty by default and the Federal Government assumes jurisdiction over us.  So, while a sovereign Citizen will want to be the third type of Citizen and on occasion the first, he would never want to be the second.


Miller v. Albright, 523 U.S. 420 (1998):

"2. Nationality and citizenship are not entirely synonymous; one can be a national of the United States and yet not a citizen. 8 U.S.C. 1101(a)(22). The distinction has little practical impact today, however, for the only remaining noncitizen nationals are residents of American Samoa and Swains Island. See T. Aleinikoff, D. Martin, & H. Motomura, Immigration: Process and Policy 974-975, n. 2 (3d ed. 1995). The provision that a child born abroad out of wedlock to a United States citizen mother gains her nationality has been interpreted to mean that the child gains her citizenship as well; thus, if the mother is not just a United States national, but also a United States citizen, the child is a United States citizen. See 7 Gordon 93.04[2][b], p. 93-42; id., 93.04[2][d][viii], p. 93-49."

[Miller v. Albright, 523 U.S. 420 (1998)]


PDF Jose Luis Perdomo-Padilla v. John Ashcroft, Attorney General, 9th Cir, No. 01-71454, June 23, 2003-meaning of "national of the United States"


Iowa Administrative Code 871-24.60 (96) Alien. 

* * * A national is defined as a person who lives in mandates or trust territories administered by the United States and owes permanent allegiance to the United States. An alien is a person owing allegiance to another country or government. * * * 


Hampton v. Mow Sun Wong, 426 U.S. 88 (1976)

[ Footnote 1 ] The Civil Service Commission's regulations, 5 CFR 338.101 (1976), provide in pertinent part:
    "(a) A person may be admitted to competitive examination only if he is a citizen of or owes permanent allegiance to the United States.
    "(b) A person may be given appointment only if he is a citizen of or owes permanent allegiance to the United States. However, a noncitizen may be given (1) a limited executive assignment under section 305.509 of this chapter in the absence of qualified citizens or (2) an appointment in rare cases under section 316.601 of this chapter, unless the appointment is prohibited by statute."
Apparently the only persons other than citizens who owe permanent allegiance to the United States are noncitizen "nationals." See 8 U.S.C. 1101 (a) (21), (22), 1408. The Solicitor General has advised us that the Commission construes the phrase as covering only natives of American Samoa. Brief for Petitioners 81 n. 67.