Allegiance - United States

United States

The doctrine that no man can cast off his native allegiance without the consent of his sovereign was early abandoned in the United States, and Chief Justice John Rutledge also declared in Talbot v. Janson, "a man may, at the same time, enjoy the rights of citizenship under two governments." On July 27, 1868, the day before the Fourteenth Amendment was adopted, U.S. Congress declared in the preamble of the Expatriation Act that "the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty and the pursuit of happiness," and (Section I) one of "the fundamental principles of this government" (United States Revised Statutes, sec. 1999). Every natural-born citizen of a foreign state who is also an American citizen and every natural-born American citizen who is a citizen of a foreign land owes a double allegiance, one to the United States, and one to his homeland (in the event of an immigrant becoming a citizen of the US), or to his adopted land (in the event of an emigrant natural born citizen of the US becoming a citizen of another nation). If these allegiances come into conflict, he or she may be guilty of treason against one or both. If the demands of these two sovereigns upon his duty of allegiance come into conflict, those of the United States have the paramount authority in American law; likewise, those of the foreign land have paramount authority in their legal system. In such a situation, it may be incumbent on the individual to renounce one of his citizenships to avoid possibly being forced into situations where countervailing duties are required of him, such as might occur in the event of war.