The 40 Ways US Code violates Fundamental Rights in Violation of the US Constitution.
| Aspect/Maxim | Common Law | U.S. Code (Statutory Law) | Deviation from Fundamental Rights |
|---|---|---|---|
| Acquisition of Citizenship | Primarily jus soli: Birth within the territory confers citizenship automatically. Jus sanguinis applies to children of citizens born abroad, with minimal restrictions. | 14th Amendment codifies jus soli (8 U.S.C. § 1401(a)). Jus sanguinis (8 U.S.C. § 1401(c)-(g)) requires parental residency and other conditions. Naturalization (8 U.S.C. § 1421) demands eligibility (e.g., 5 years as LPR, good moral character). | Statutory conditions on jus sanguinis and naturalization add complexity, limiting access compared to common law’s simplicity. Executive attempts to restrict jus soli (e.g., 2025 executive order) challenge constitutional guarantees, though blocked by courts. |
| Loss of Citizenship | Rare, requiring voluntary renunciation or extreme acts like treason with clear intent to abandon allegiance. | Denaturalization (8 U.S.C. § 1451) for fraud or illegal procurement. Expatriation (8 U.S.C. § 1481) for acts like foreign military service or renunciation. No statute of limitations for civil denaturalization. | Broad grounds for denaturalization and lack of time limits allow retroactive punishment, violating common law’s permanence principle. Naturalized citizens face risks not applicable to native-born. |
| Rights of Citizens | Inalienable rights include residence, protection from exile, legal protections, and freedom of movement, tied to allegiance. | Citizens enjoy voting, passport access, and deportation protection, but naturalized citizens risk denaturalization, and passport revocation (26 U.S.C. § 7345) restricts travel for tax debts. | Naturalized citizens face unequal treatment, and administrative passport revocation undermines the inalienable right to movement. |
| Passport Revocation for Unpaid Taxes | No equivalent. Restricting movement required judicial oversight as a fundamental right. | 26 U.S.C. § 7345 allows IRS to certify tax debts over ~$62,000, leading to passport revocation/denial without initial court supervision. Taxpayers can challenge in court post-certification. | Administrative process without initial judicial oversight violates common law’s due process requirement for restricting fundamental rights like travel. |
| Maxim 1: Nemo potest exuere patriam | Citizenship is a permanent bond unless voluntarily renounced. | 8 U.S.C. § 1451 allows involuntary denaturalization for fraud or illegal procurement. | Involuntary loss undermines the maxim’s emphasis on permanence, creating vulnerability for naturalized citizens. |
| Maxim 2: Jus soli | Birth within territory confers citizenship automatically. | 14th Amendment and 8 U.S.C. § 1401(a) codify jus soli, but executive actions (e.g., 2025 order) attempt restrictions. | Attempts to limit jus soli challenge its absolute nature, though courts have blocked such efforts. |
| Maxim 3: Jus sanguinis | Citizenship passes through descent with minimal restrictions. | 8 U.S.C. § 1401(c)-(g) imposes residency and other conditions. | Statutory conditions restrict the maxim’s broad application, limiting citizenship transmission. |
| Maxim 4: Allegiance is owed to the sovereign | Citizenship implies reciprocal loyalty and protection. | 8 U.S.C. § 1481(a) lists acts presuming intent to relinquish allegiance. | Broad statutory grounds for loss weaken the reciprocal bond central to common law. |
| Maxim 5: No arbitrary deprivation | Citizenship cannot be taken without consent or extreme cause. | 8 U.S.C. § 1451’s vague criteria (e.g., good moral character) risk arbitrary application. | Broad discretion undermines the maxim, creating insecurity for naturalized citizens. |
| Maxim 6: Exile requires due process | Banishment needs judicial oversight. | 26 U.S.C. § 7345 allows passport revocation without initial court supervision. | Administrative action violates due process for restricting movement. |
| Maxim 7: Natural allegiance is perpetual | Birthright citizenship is nearly irrevocable. | 14th Amendment protects native-born, but naturalized citizens face denaturalization. | Two-tier citizenship system violates maxim’s principle of equal permanence. |
| Maxim 8: Fraud vitiates consent | Fraud voids citizenship if material to the grant. | 8 U.S.C. § 1451 applies broadly, even to minor omissions if deemed material. | Broad application risks punishing minor errors, deviating from maxim’s focus on material fraud. |
| Maxim 9: Permanence of status | Citizenship should not be lightly revoked. | DOJ’s 2025 memo prioritizes “maximal” denaturalization. | Aggressive denaturalization undermines permanence, creating fear among naturalized citizens. |
| Maxim 10: No punishment without law | Punishment requires a clear legal violation at the time. | No statute of limitations for civil denaturalization (8 U.S.C. § 1451). | Retroactive punishment for past acts violates the maxim’s principle. |
| Maxim 11: Right to a fair hearing | Deprivation of rights requires judicial process. | Civil denaturalization uses lower evidence standard, no right to counsel. | Weaker protections in civil proceedings violate fair hearing rights. |
| Maxim 12: Equality before the law | All citizens have equal rights. | Naturalized citizens face denaturalization risks unlike native-born. | Unequal treatment creates a second-class citizenship status. |
| Maxim 13: State protection | Citizens are entitled to government protection. | Denaturalization and deportation (8 U.S.C. § 1227) remove protection. | Loss of protection for naturalized citizens violates the maxim. |
| Maxim 14: Freedom of movement | Citizens can travel freely. | 26 U.S.C. § 7345 restricts passports for tax debts. | Administrative restriction undermines fundamental travel rights. |
| Maxim 15: Intent governs legal acts | Loss of citizenship requires voluntary intent. | 8 U.S.C. § 1481(a) presumes intent; denaturalization may not require intent to deceive. | Presumed intent and broad denaturalization criteria weaken the maxim’s focus on voluntariness. |
| Maxim 16: No citizen shall be made stateless | Revocation cannot leave a person without nationality, as allegiance implies state obligation. | 8 U.S.C. § 1451 allows denaturalization without ensuring alternative citizenship, risking statelessness. | Risk of statelessness violates common law’s protection of nationality, creating humanitarian concerns. |
| Maxim 17: The law presumes loyalty | Citizens are presumed loyal unless proven otherwise with clear evidence. | 8 U.S.C. § 1481(a) presumes disloyalty for acts like foreign voting, shifting burden to citizen. | Reversed presumption undermines common law’s protection of citizen loyalty. |
| Maxim 18: Citizenship is a natural right | Citizenship by birth is inherent and inalienable, tied to natural law. | 8 U.S.C. § 1451 subjects naturalized citizenship to revocation, treating it as conditional. | Conditional status for naturalized citizens contradicts the maxim’s view of citizenship as inherent. |
| Maxim 19: The state’s power is limited | The state cannot arbitrarily revoke citizenship without just cause. | DOJ’s 2025 denaturalization push uses broad discretion, targeting minor issues. | Expanded state power risks abuse, deviating from common law’s strict limits. |
| Maxim 20: No retroactive punishment | Punishment cannot apply to acts legal at the time committed. | 8 U.S.C. § 1451 allows denaturalization for past acts without time limits. | Retroactive denaturalization violates the maxim, punishing acts not illegal when done. |
| Maxim 21: Right to abode | Citizens have an inalienable right to reside in their country. | Denaturalization (8 U.S.C. § 1451) followed by deportation (8 U.S.C. § 1227) removes this right. | Loss of abode for naturalized citizens undermines the maxim’s inalienable protection. |
| Maxim 22: Burden of proof on the state | The state must prove disloyalty or fraud beyond doubt to revoke citizenship. | Civil denaturalization (8 U.S.C. § 1451) uses “clear and convincing” standard, lower than criminal “beyond a reasonable doubt.” | Lower burden shifts risk to citizens, weakening common law’s high standard. |
| Maxim 23: Protection against double jeopardy | Citizens cannot be punished twice for the same act. | Denaturalization (8 U.S.C. § 1451) can follow criminal punishment, leading to deportation (8 U.S.C. § 1227). | Multiple punishments (denaturalization, deportation) for one act violate the maxim. |
| Maxim 24: Law favors family unity | Citizenship and residence rights prioritize family cohesion. | Denaturalization and deportation (8 U.S.C. §§ 1451, 1227) can separate families without consideration. | Lack of family unity protections in denaturalization violates the maxim. |
| Maxim 25: Justice delayed is justice denied | Citizenship disputes must be resolved promptly to avoid harm. | Denaturalization proceedings (8 U.S.C. § 1451) can take years, delaying justice. | Prolonged proceedings harm citizens, contradicting the maxim’s call for swift resolution. |
| Maxim 26: The law abhors statelessness | The state must avoid rendering citizens stateless, as nationality is a fundamental right. | 8 U.S.C. § 1451 permits denaturalization without requiring alternative citizenship. | Risk of statelessness violates the maxim, exposing individuals to loss of legal identity. |
| Maxim 27: Sovereignty respects allegiance | The sovereign honors the mutual bond of allegiance with citizens. | 8 U.S.C. § 1481(a) allows loss of citizenship for acts like foreign naturalization, presuming disloyalty. | Presumption of disloyalty undermines the mutual bond central to common law. |
| Maxim 28: No deprivation without cause | Citizenship cannot be revoked without a grave, proven cause. | 8 U.S.C. § 1451 allows denaturalization for minor or ambiguous violations (e.g., misstatements). | Broad grounds for revocation lower the threshold, violating the maxim’s high bar. |
| Maxim 29: Right to legal identity | Citizens have a right to a recognized legal status in their state. | Denaturalization (8 U.S.C. § 1451) can strip legal status, often leading to deportation. | Loss of legal identity for naturalized citizens violates the maxim’s protection. |
| Maxim 30: The law protects the vulnerable | Citizens, especially naturalized, are entitled to protection from state overreach. | DOJ’s 2025 denaturalization push targets naturalized citizens, often for minor issues. | Targeting vulnerable naturalized citizens contradicts the maxim’s protective intent. |
| Maxim 31: Due process is inviolable | Any action affecting citizenship requires robust judicial process. | 26 U.S.C. § 7345 and 8 U.S.C. § 1451 use administrative or lower-standard processes. | Administrative actions and weaker standards violate the maxim’s due process requirement. |
| Maxim 32: The law favors certainty | Citizenship status should be certain and predictable. | Broad denaturalization criteria (8 U.S.C. § 1451) create uncertainty for naturalized citizens. | Uncertainty undermines the maxim, leaving naturalized citizens vulnerable. |
| Maxim 33: No deprivation without notice | Citizens must be informed of actions threatening their status. | 26 U.S.C. § 7345 allows passport revocation with delayed or inadequate notice. | Inadequate notice in administrative actions violates the maxim’s transparency requirement. |
| Maxim 34: The law guards against abuse | State power over citizenship must be checked to prevent abuse. | DOJ’s 2025 broad denaturalization policy risks overreach (8 U.S.C. § 1451). | Lack of checks on denaturalization power violates the maxim’s safeguard against abuse. |
| Maxim 35: Right to appeal | Citizens have a right to appeal decisions affecting their status. | Appeals in denaturalization (8 U.S.C. § 1451) are limited, with no guaranteed counsel. | Restricted appeal rights weaken the maxim’s protection of judicial recourse. |
| Maxim 36: The law favors stability | Citizenship should promote social and legal stability. | Denaturalization and deportation (8 U.S.C. §§ 1451, 1227) disrupt lives and communities. | Disruption of stability violates the maxim, harming naturalized citizens’ integration. |
| Maxim 37: No punishment for status | Citizens cannot be punished for their status as citizens. | Naturalized status itself increases denaturalization risk (8 U.S.C. § 1451). | Targeting naturalized citizens violates the maxim’s prohibition on status-based punishment. |
| Maxim 38: The law respects consent | Citizenship actions (e.g., loss) require the citizen’s consent or intent. | 8 U.S.C. § 1451 allows denaturalization without proving intent to deceive. | Non-consensual denaturalization violates the maxim’s emphasis on intent. |
| Maxim 39: Right to equal protection | All citizens are entitled to equal legal protections. | Naturalized citizens face unique denaturalization risks (8 U.S.C. § 1451), unlike native-born. | Unequal protections violate the maxim, creating a tiered citizenship system. |
| Maxim 40: The law promotes justice | Citizenship laws should uphold fairness and justice. | Broad denaturalization (8 U.S.C. § 1451) and passport revocation (26 U.S.C. § 7345) risk unfair outcomes. | Overbroad and administrative processes undermine the maxim’s commitment to justice. |
