Also known as: nationality
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An attribute of a party used to determine whether complete diversity exists under 28 U.S.C. § 1332. For a partnership or unincorporated association the citizenship of every partner or member is attributed to the entity. Diversity must exist when the action is filed and is not defeated by later changes in domicile.
The status of being a citizen of the United States. Congress may not involuntarily strip that status from a native-born or naturalized citizen without consent.
Each sense below has its own examples, sources, and questions.
An attribute of a party used to determine whether complete diversity exists under 28 U.S.C. § 1332. For a partnership or unincorporated association the citizenship of every partner or member is attributed to the entity. Diversity must exist when the action is filed and is not defeated by later changes in domicile.
Select any source to read its text and confirm it supports the definition.
The status of being a citizen of the United States. Congress may not involuntarily strip that status from a native-born or naturalized citizen without consent.
Select any source to read its text and confirm it supports the definition.
Cascade Manufacturing is a limited partnership with partners domiciled in States A, B, and C. Cascade sues Crystal Dynamics, a corporation incorporated and headquartered in State D, in federal court asserting diversity jurisdiction. Because Cascade takes on the citizenship of each of its partners, including the partner in State D, complete diversity is absent and the action is dismissed.
Claire Campbell, domiciled in State A, sues Cardinal Insurance, incorporated and headquartered in State B, in federal court. Complete diversity exists at filing. Claire later moves to State B. The court retains jurisdiction because diversity is measured at the time suit is instituted.
Connor Clark, a resident of State A, challenges a state legislative map that counts only citizens for apportionment purposes. The map dilutes the voting strength of noncitizen residents. The court evaluates whether the plan satisfies equal-protection standards under the Fourteenth Amendment.
Cody Callahan moves from State A to State B intending to remain indefinitely. In a later diversity suit the federal court applies State B's substantive rules to decide whether Cody has acquired a new domicile and therefore new citizenship for jurisdictional purposes.
Colin Chambers sues Crestview Holdings in federal court. The defendant offers a business record to prove the citizenship of its members. The court applies federal evidence rules to determine admissibility while using the citizenship facts to assess diversity jurisdiction.
The citizenship of every member or partner is attributed to the entity. Complete diversity fails if any member shares citizenship with an opposing party.
Supporting sources
Diversity must exist when the suit is filed. Later changes in domicile do not destroy jurisdiction once it has attached.
Supporting sources
Carlos Castillo, a naturalized U.S. citizen, votes in a foreign election. Congress enacts a statute automatically revoking his citizenship for that act. The statute is unconstitutional because the Fourteenth Amendment prohibits involuntary deprivation of citizenship without the citizen's consent.
No. The Fourteenth Amendment prohibits involuntary loss of citizenship for either native-born or naturalized citizens.
Supporting sources
…Swift v. Tyson , 16 Pet. 1, 18, held that federal courts exercising jurisdiction on the ground of diversity of citizenship need not, in matters of general jurisprudence, apply the unwritten law of the State as declared by its highest court; that they are free to exercise an independent judgment as to what the…