By: Joel Stephen Mattson
The 14th Amendment to the U.S. Constitution is often cited as the legal basis for defining who is a U.S. citizen. But what if everything you’ve been told about it is based on selective definitions, misleading presumptions, and hidden contracts? This article exposes the full truth — grounded in case law, statutory definitions, constitutional interpretation, and even the government’s own admissions — to decisively prove that 14th Amendment citizenship is not automatic, but voluntary, jurisdictional, and contractual.
Understanding the Text of the 14th Amendment
Let’s begin with the exact language:
“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.”
Two requirements must be satisfied:
- Born or naturalized in the United States.
- Subject to the jurisdiction thereof.
These conditions are not redundant — both are required. The key to unlocking the true meaning lies in the definitions of “United States” and **”subject to the jurisdiction thereof.”
Multiple Definitions of ‘United States’
There is no single legal definition of “United States.” It varies depending on context — and Congress, the courts, and legal dictionaries all acknowledge this.
Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945)
“The term ‘United States’ may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns… It may designate the territory over which the sovereignty of the United States extends, or it may be the collective name of the states which are united by and under the Constitution.”
26 U.S.C. § 7701(a)(9), (a)(10) – Internal Revenue Code
(9) “United States” when used in a geographical sense includes only the States and the District of Columbia. (10) “State” shall be construed to include the District of Columbia.
28 U.S.C. § 3002(15) – Definitions (Federal Debt Collection Procedures Act)
“United States” means — (A) a Federal corporation; (B) an agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United States.
Black’s Law Dictionary, 5th Edition:
“United States. This term has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States extends… or it may be the collective name of the states which are united by and under the Constitution.”
Conclusion: If the United States can mean either federal territory, the sovereign government, or the 50 states collectively — then “born in the United States” depends on what jurisdiction you are actually under.
The Importance of Jurisdiction: ‘Subject to the Jurisdiction Thereof’
Merely being born on U.S. soil is not enough to qualify as a 14th Amendment citizen. One must also be “subject to the jurisdiction thereof.”
Elk v. Wilkins, 112 U.S. 94 (1884)
“The Indian tribes… although born within the territorial limits of the United States, were not citizens… because they were not subject to the jurisdiction thereof.”
Key point: Being born within the borders of the United States does not make you a citizen unless you are fully and exclusively subject to its jurisdiction.
This means political allegiance, not just physical presence.
Senator Jacob Howard, Congressional Globe, 39th Congress, 1866:
“This amendment… will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers…”
This proves that jurisdiction is about political allegiance, not location.
Citizenship is Voluntary: You Must Consent
Afroyim v. Rusk, 387 U.S. 253 (1967)
“In our country, the people are sovereign and the Government cannot sever its relationship to the people by taking away their citizenship.”
Citizenship cannot be imposed — it must be accepted. The 14th Amendment created a new class of federal citizenship — distinct from State Citizenship recognized under the original Constitution.
United States v. Cruikshank, 92 U.S. 542 (1875)
“There is in our political system a government of each of the several states, and a government of the United States. Each is distinct from the other and has citizens of its own.”
Pannill v. Roanoke, 252 F. 910 (W.D. Va. 1918)
“The first clause of the Fourteenth Amendment… creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the States.”
Government Admissions of Corporate U.S. Citizenship
28 U.S.C. § 3002(15)(A) defines the “United States” as a federal corporation. When you voluntarily identify as a U.S. citizen, you agree to be part of a corporate entity, subject to federal administrative law.
Clearfield Trust Co. v. United States, 318 U.S. 363 (1943)
“When the United States engages in commercial transactions, it abandons its sovereign capacity and is to be treated like any other corporation.”
This supports the argument that claiming U.S. citizenship connects you to a corporate-government fiction, not the constitutional republic.
The Role of Consent, Contracts, and Presumption
U.S. citizenship is often assumed through contracts:
- Social Security application
- Voter registration
- Driver’s licenses
- Bank accounts using SSN
- Birth certificate registration
These are adhesion contracts that imply consent to U.S. jurisdiction — unless formally rebutted.
Legal Maxim: “Consent makes the law. A contract is a law between the parties.”
Magistrate Act (original 1974 version) required courts to ask for consent before assigning a magistrate. That requirement was later removed — suggesting that silence is now presumed as consent.
How to Rebut the Presumption of 14th Amendment Citizenship
- Affidavit of Status – declare political status as a State National
- Revocation of Election – remove adhesion to federal tax jurisdiction
- Certificate of Assumed Name – separate living man from corporate fiction
- Notice to Secretary of State & State agencies
- Public record publication
What Happens When You Withdraw Consent
Once you’ve lawfully and publicly rebutted consent, the government must produce a contract or other lawful basis to assert jurisdiction.
Hale v. Henkel, 201 U.S. 43 (1906)
“The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way… His rights are such as existed by the law of the land long antecedent to the organization of the State…”
Conclusion: 14th Amendment Citizenship Is a Trap — But You Can Lawfully Exit
The 14th Amendment did not make everyone a citizen by force. It offered a new form of federal citizenship — and like any contract, it requires voluntary consent. Most people are tricked into accepting it through presumption and silence.
But you can rebut that presumption.
You are not a 14th Amendment citizen unless you agree to be one. The Constitution, the Supreme Court, and the law itself back you up.
Next Article in the Series: Why ‘Subject to the Jurisdiction’ Does Not Mean What You Think
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