Prior to the adoption of the Fourteenth Amendment to the federal constitution there was no uniform rule as to state citizenship. (See above, § 100.) The sole power of providing by uniform law for the naturalization of aliens was in Congress, and perhaps it was to be assumed that the rule recognized in England that birth within the jurisdiction of a state was sufficient to constitute citizenship was the only rule on the subject. But since the adoption of the Fourteenth Amendment, which specifically provides that "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," it is assumed that citizenship in a state is acquired by permanent residence therein of any person who by birth or naturalization has become a citizen of the United States; and state citizenship is therefore determined by this test.

It is to be noticed that citizenship in a state is not determined by any prescribed term of residence. A state may require residence for a specified period as a condition for enjoyment of the elective franchise; but the moment that residence in a state by one who is a citizen of the United States commences, or the moment one who resides in a state acquires citizenship in the United States, that moment such person becomes a citizen of the state. By residence is meant, not merely a temporary abiding within the state, but residence in a legal sense, that is, a permanent residence. The term in this connection is synonymous with domicil and involves residence in fact, with intent that it shall continue until subsequent removal with the intent of abandoning such residence and acquiring another.

While it is usual to confer political privileges only upon citizens, the states may, if they see fit, confer at least some of these privileges upon persons who are not citizens. In several of the Western states persons who have declared their intention to become citizens of the United States, although the required period of residence entitling them to naturalization has not been completed, have been allowed to vote and hold office; but such persons do not thereby become citizens of the state, not being citizens of the United States. It would thus appear that not only may persons who are citizens of a state be denied political privileges, because their term of residence in the state has not been of sufficient duration, but on the other hand persons may be given political privileges who have not yet acquired citizenship. It is apparent that there is no necessary connection between the two, and that citizenship is to be determined by the federal constitution and laws, while the enjoyment of political privileges is dependent upon the constitution and laws of the state. (See below, § 198.) Of course, in the territory within the jurisdiction of the United States and not within the jurisdiction of any state, political privileges, if any, are enjoyed by virtue of the laws of the United States.

The distinction between the right of citizenship and the enjoyment of political privileges is made clear by noticing that political privileges are conferred only on adults and in most of the states only on adult males; while all persons, men, women, and children, are citizens if they come within the description of citizenship found in the constitution and laws.