Area of Study

National Status, Not "Citizenship"

A distinction some researchers draw between one's status as a "national" and as a "citizen." Spivey encourages studying the difference rather than treating the two as interchangeable.

The established distinction

In United States law the two terms are not identical. The Immigration and Nationality Act defines a "national of the United States" to mean (A) a citizen of the United States, or (B) a person who, though not a citizen, owes permanent allegiance to the United States (8 U.S.C. § 1101(a)(22)). In other words, every U.S. citizen is a U.S. national, but not every U.S. national is a U.S. citizen. The clearest historical example is a person born in certain U.S. territories who is a non-citizen national.

The lawful / legal differences

Researchers who study this area often draw a line between two ideas:

  • "Lawful" status, described as one’s standing under common law and natural-right principles: a Man’s inherent standing, allegiance, and protections.
  • "Legal" status, described as the standing created by statute and code: the rights and obligations a legislature attaches to a classification such as "citizen."

On this view, "national" describes a Man’s allegiance and protection (a lawful standing), while "citizen" describes a statutory role carrying specific political rights and duties (a legal standing).

The FAM (Foreign Affairs Manual) and how it applies

The Foreign Affairs Manual (FAM) is the U.S. Department of State’s internal authoritative guide for consular officers. 7 FAM (Volume 7, Consular Affairs) is where the Department sets out how it treats U.S. nationality, including the difference between a U.S. citizen and a non-citizen U.S. national, and dual nationality (see 7 FAM 081). The FAM matters because it is the working instruction consular officers follow when issuing passports and adjudicating nationality, so it shows how the citizen-vs-national distinction is applied in practice, not just in theory.

How it applies: the FAM recognizes that a Man can be a U.S. national without being a U.S. citizen, and treats the two statuses as carrying different documentary and political consequences. Studying 7 FAM shows the official, operational line the government itself draws between the two.

Statutes and codes some say make "citizenship" a corporate / trust / estate construct

A statute some researchers point to is 28 U.S.C. § 3002(15), the definitions section of the Federal Debt Collection Procedures chapter. It states:

“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.

Some researchers read this definition together with the citizen-vs-national distinction to argue that the statutory “United States” / “citizen” relationship operates as a corporate, trust, or estate construct rather than a purely political one.

Why the distinction matters

  • Rights and duties: citizenship typically carries the full set of political rights (such as voting in federal elections) and obligations; national status carries allegiance and protection but may not include every political right.
  • Travel and documents: nationals and citizens can be issued different travel documents and may face different rules for entry, residence, and naturalization.
  • Terminology: many people use "citizen" and "national" loosely as synonyms, which can blur legally meaningful differences.

Official sources

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