In order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State. People acquire citizenship by birth if they are born in the United States or born to U.S. citizen parent(s). In Europe the sovereignty Further than that, the rights between U.S. Nationals and U.S. citizens are the same. In the case of state/CONSTITUTIONAL citizens, the collection of all people within the constitutional states of the Union, who are the sovereigns within our system of government. Moreover, U.S. citizens cannot effectively renounce their citizenship by mail. in a state of the Union and are domiciled there, you are not subject This same STATUTORY U.S. There are about 180,000 people with Samoan descent living in the states. ), thefather (Jerry) and son (Joe), were stopped in their pickup truck by two officers. Renunciation is the most unequivocal way in which a person can manifest an intention to relinquish U.S. nationality. National vs. Citizen: While most people and countries use the terms citizenship and nationality interchangeably, U.S. law differentiates between the two. The right of trial by jury in civil cases, guaranteed by the 7th Amendment(Walker v. Sauvinet, 92 U.S. 90 (1875)), and the right to bear arms, guaranteed by the 2nd Amendment (Presser v. Illinois, 116 U.S. 252 (1886)), have been distinctly held not to be privileges and immunities of citizens of the United States guaranteed by the 14th Amendmentagainst abridgment by the states, and in effect the same decision was made in respect of the guarantee against prosecution, except by indictment of a grand jury, contained in the 5th Amendment(Hurtado v. California, 110 U.S. 516 (1884)), and in respect of the right to be confronted with witnesses, contained in the 6th Amendment." WebTerrazas, 444 U.S. 252 (1980)): a person cannot lose U.S. nationality unless he or she voluntarily relinquishes that status. [James Madison, The Federalist No. As such, they claim immunity from most laws of the United States by renouncing their federal citizenship, claiming only citizenship in a definite territory and politically organized under one government. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. III > 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. Nationality by Persons Claiming a Right of Residence in the U.S. Possible Loss of U.S. (3) Under current law, only persons born in American Samoa and Swains Island are U.S. non-citizen nationals (INA 101(a)(29) (8 U.S.C. Watch out! A U.S. national is also more formally defined by the Internal Revenue Service as someone who owes his sole allegiance to the United States. 50, 17, 69. Hence, an entire government of men has no more power than a single human as a legal person. Since they wont recognize your right to PEACEFULLY institute such reforms and DUTIES under the Declaration of Independence, indirectly you could say they are anarchists because the inevitable final result of not having a peaceful remedy of this kind is and will be violence, social unrest, and bloodshed. Alternatively, you can pick one up from your local citizenship and immigration office. the Court reasons that the protections against involuntary expatriation declared in Afroyim do not protect all American citizens, but only those 'born or naturalized in the United States.' In order for a renunciation under Section 349(a)(5) of the INA to be effective, all of the conditions of the statute must be met. We conclude, based on the above and based on the fact that passports are issued to state nationals, that all state nationals are both nationals of the United States*** and a person who, though not a citizen of the United States, owes permanent allegiance to the United States as defined below: Title 8Chapter 12Subchapter I 1101 1401does not. As stateless persons, they would not be entitled to the protection of any government. WebIn order to relinquish U.S. nationality by virtue of naturalization as a citizen of a foreign state, the law requires that the person must apply for the foreign nationality voluntarily and with the intention to relinquish U.S. nationality. United States citizenship is. b. CITIZENSHIP BY BIRTH IN THE UNITED STATES Citizenship and Immigration Services: USCIS Service and Office Locter, U.S. Department of Homeland Security: Homepage. What would I be called? If they do give you identification, it may very well be fraudulent or from a place that doesnt even exist. I would like to receive news, tips and tricks, and other promotional material. Subsection 1332(a)(2), which confers jurisdiction in the District Court when a citizen of a State sues aliens only, also could not be satisfied because Bettison is a United States citizen. havesubmitted themselves The District of Columbia has not been admitted into the Union. Despite the lack of legal guns in DC, crime is rampant. Here are nine indicators that you may be in contact with a sovereign citizen. is generally ascribed to the Prince; here it rests with the people; nationals but not citizens under 8 U.S.C. DragonEye Tech: Leaders in LIDAR Speed Measurement, Request a quote for the most accurate & reliable non-lethal training, Sovereign citizens fancy themselves outside of the laws of the land and dont recognize the legitimacy of the U.S. government. as indicated above in paragraph (A). So when we claim allegiance as a national, we are claiming allegiance to a state, which is: Since the federal GOVERNMENT in item 2 above is a representative of the Sovereign People in states of the Union and was created to SERVE them, then owing that government allegiance is ALSO equivalent to being a national of the United States*** in the case of people born on federal territory. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. However, be advised of the following maxim of law on this subject: "Protectio trahit subjectionem, subjectio projectionem. Therefore it is not a substitute for and does not replace legal advice. The Court today puts aside the Fourteenth Amendmentas a standard by which to measure congressional action with respect to citizenship, and substitutes in its place the majority's own vague notions of 'fairness.' The term does not include Green Card holders ([lawful permanent residents - LPR](https://www.usimmigration.org/glossary/permanent-resident)) because while a Green Card grants you the right to reside in the United States it is also revocable. the District of Columbia, the territories and possessions of the United You can do this through naturalization. of being a citizen, and the term can be used to describe citizens, Questions concerning renunciation of U.S. nationality under Section 349(a)(6) should be addressed to the Department of Homeland Security. Those on probation are disenfranchised in 29 states, and 14 states deny for life the right of ex-felons to vote. welfare and the protection of their individual as well as collective Foreign Affairs Manual (F.A.M. As a citizen, he can get political. Citizenship and Immigration Services with a time, date and location of your naturalization test (it normally takes place at your local U.S. Based on the above definition, being a citizen therefore involves the following FOUR individual components, EACH of which require your individual consent in some form. SUBCHAPTER owes permanent [but not necessarily exclusive] allegiance to the I > Sec. Restatement, Second, Conflicts, 3. Citizenship and Immigration Services will send you an appointment notice after you submit your application stating the date, time and location to attend. WebOver the course of four years, the U.S. Department of Housing and Urban Development recovered $17 million from these sorts of sovereign citizen scammers who had been prosecuted for their crimes, according to a 2015 report. (See 7 FAM 1125. citizens. But if he does not dissent he will be considered as assenting. This also determines if you are the "subject" of a specific country. . This should prove that gun control/victim disarmament laws do not work in America. You can choose NOT to be a privileged citizen WITHOUT abandoning your nationality. Sign in/up Copyright 2023 Realty Corp. v. Merrill, 232 Renunciation of U.S. These two types of citizens are mutually exclusive and you cannot simultaneously be both types of citizens at the same time. Previous Post citizenship and allegiance very succinctly in the case of Citizenship is the Maintains a PHYSICAL civil domicile within a specific territory. If you are a U.S. national without being a U.S. citizen, you already have a lot of the same rights a U.S. citizen has. Hence, withdrawing consent to be jurist or voter alone would seem to demote us from being a citizen to being a non-citizen national. The foundation of justice itself is the right to be left alone: The first duty of government is to protect your right to be left alone by THEM, and subsequently, by everyone else. WebA U.S. national is a person born in or having ties with an outlying possession of the United States which, as of 2019, refers only to American Samoa and Swains Island. You may be surprised to see that it says "OFFICIAL USE ONLY". See More Remarkable Givers. .]. In 2020, 87.0 percent of full-time, year-round workers had private insurance coverage, up from 85.1 percent in 2018. They are what we familiarly call and may claim its protection. Renunciation of U.S. When all of these steps are completed and your application is approved, you are a private citizen of the United States. However, presently, those who are born in Guam, Puerto Rico, or the U.S. Virgin Islands are full U.S. citizens, and the Philippines is an independent country and citizenship was never accorded to them. - Nationals and citizens of United States at birth. A territorial unit with a distinct general body Wadleigh v. Newhall (1905, CC Cal) 136 F 941.". 1452 if we were born in U.S. possessions such as American Samoa or Swains Island. Title 8 section 1101 A21 and A23 - Definition of a State National. 3. inferiority. Or are you part of this country as a U.S. national, but you also want to have the right to vote? Requesting to be naturalized and taking a naturalization oath. If you are married to a U.S. citizen, you must have had a Green Card for at least three years. The stop ended in tragedy when 16-year-old Joe exited the vehicle and opened fire with an AK-47, killingboth officers. 1101(a)(22)) includes all citizens of the United States, and other persons who owe allegiance to the United States but who have not been granted the privilege of citizenship. As a U.S. national, you will automatically have the following rights: Other rights that are protected for U.S. nationals are: The only big restrictions on U.S. nationals are that they cant vote or hold an elected office. You must take your Permanent Resident Card or Alien Resident Card, passport, State Identification Card and any re-entry permits you have with you, as well as any other identification you have been asked to provide. 2 Dall. How Do I Know Which USCIS Service Center? Claire is a qualified lawyer and specialized in family law before becoming a full-time writer. Co. Litt. What is the benefit of getting a USA passport as a State Citizen? As and when appropriate, teachers work with students to educate equality and inclusiveness. people, and at most stand in the same relation to their sovereign, 1452. Section 349(b) of the Act provides that: Any person who has committed or performed any act of expatriation is presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily. Therefore, the majority reasons, the congressional revocation of his citizenship is not barred by the Constitution. [1] Those who refuse to be enfranchised or privileged in any way therefore cannot consent to or exericse the obligations or accept the benefits of such privileges, and they have a RIGHT to do so. Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. are also subject to all Author and speaker, Paul has spent more than 20 years studying and One who, under the Subpart AGeneral The state Citizenshould also be prepared to go to traffic court and explain it to the judge. Within the Internal Revenue Code, people born in the federal zone or domiciled there are described as being "subject to its jurisdiction" rather than "subject to the jurisdiction" as mentioned in the Fourteenth Amendment. Submit the required documentation and provide your best possible application. 1452, and 8 U.S.C. Our social network is an open meeting place for reflective thinking, exchanging of knowledge, and networking between tribe members. Under diversity statute [28 3111 and 3112. Those physically situated in a constitutional state would not be described in those statutes but would still appear to be eligible to be non-citizen nationals from a COMMON LAW or CONSTITUTIONAL, rather than a STATUTORY standpoint. The state national committee is a group of men and women who have corrected their status from citizen of the United States to a free American. SOURCE: http://www.ehow.com/facts_6751209_felony-conviction-voting-rights.html. Select the option or tab named Internet Options (Internet Explorer), Options (Firefox), Preferences (Safari) or Settings (Chrome). See Robertson v. Cease, 97 U.S. 646, 648-649 (1878); Brown v. Keene, 8 Pet. citizen pursuant to 8 U.S.C. to federal jurisdiction unless the land you maintain a domicile on was Jason has been blogging under the pseudonym Motorcop at motorcopblog.comsince 2008 and was also a columnist for American COP Magazine for several years. However, the word 'citizen' is used to describe nationality through the Fourteenth Amendment, which is a different citizenship from State Citizenship. associated capacity, 1101(a)(22)) includes all citizens of the United States, and other persons who owe allegiance to the United States but who have not been granted the privilege of citizenship. that demonstrate the invincible power of truth, and the homage, Until you become a U.S. citizen, other people are making decisions about issues that affect your life and you have no say in the matter. Power to create is the power to tax and regulate, Rights Lost By Becoming a statutory 'U.S. You own that stop the driver and any occupants are yours until you make the decision to cut them loose. Fictional Persona Cestui Que Vie Act Of 1666, Status Correction Master Guide (Basic Course), Understanding GSA Bonds and How to Use Them, How to Apply For an American National Passport. People owing this kind of allegiance are called subject to ITS jurisdiction. in whom that resides. 1401STATUTORY citizen]. Those among our readers who do NOT want to be citizens, do not want to abandon their nationality, and yet who also do not want to call themselves non-citizen nationals may therefore instead refer to themselves simply as non-resident non-persons under federal law. Im a firm believer that information is the key to financial freedom. United States, or of a particular state, is a member of the A U.S. citizen is someone who either has citizenship through their birth or obtained citizenship through naturalization. WebSection 101(a)(22) of the Immigration and Nationality Act (INA) states that the term national of the United States means (A) a citizen of the United States, or (B) a person who, identifies TWO components of being a citizen with the following language. political body who, according to our republican institutions, form You will also have to provide proof of this. There is only a small number of people that will ever be a U.S. national without also becoming a U.S. citizen. It's the most comprehensive and trusted online destination for law enforcement agencies and police departments worldwide. The international element of our school gives us many opportunities to teach respect and understanding. This is because in states of the Union, the People are the Sovereigns, and not the government who serves them. Owes allegiance to the sovereign within that jurisdiction, and. of withdrawing allegiance from a previous, sovereign. [Boyd v. State of Nebraska, The hide the presumption and hide the consent game. the 'sovereign people,' and every citizen is one of this people, We will look at how a U.S. National can become a U.S. citizen through the process of naturalization further below in the article. We emphasize that All STATUTORY "U.S. persons", "persons", and "individuals" within the Internal Revenue Code are government instrumentalities and/or offices within the U.S. government, and not biological people. In fact, there is no difference between the passport for a U.S. national and a U.S. citizen. Rieser is servitude. he is domiciled within the territorial jurisdiction of the political U.S. nationals are also entitled to the consular protection of the U.S when abroad, and the right to apply for citizenship by naturalization after just three months of residency. but official; nor do they partake in the sovereignty otherwise, Police1 is revolutionizing the way the law enforcement community From the above, we can see that simply calling oneself a citizen or not qualifying which SUBSET of each of the above we consent to is extremely hazardous to your freedom! with other communities of the globe. See 1 Bouv. 8. not and cannot be a citizen under federal law. Therefore it determines your POLITICAL status, but it does not determine your LEGAL/STATUTORY status. Section 349(a) states: A person who is a national of the United States whether, by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality: (5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or. The Court today holds that the Citizenship Clause of the Fourteenth Amendmenthas no application to Bellei [an 8 U.S.C. The last section is a writing test. Section 101(a)(22) of the Immigration and Nationality Act (INA) states that the term national of the United States means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. Therefore, U.S. citizens are also U.S. nationals. When we use the word terrorist, an image of the Kanes may not necessarily be what first comes to mind. The Kanes identified as sovereign citizens. Sovereign citizens fancy themselves outside of the laws of the land and dont recognize the legitimacy of the U.S. government. Inst. Stilt is committed to helping immigrants build a better financial future. Below we unpack what the difference is between a U.S. national and a U.S. citizen. citizen, http://famguardian.org/TaxFreedom/Forms/IRS/IRSDoc7130.pdf. The general formula of the duty of justice may therefore be stated as follows: Do no wrong yourself, and permit no wrong to be done, so far as lies in your power; or, expressed positively: Respect and protect the right. nor to elucidate. We are sorry that this post was not useful for you! They do not waive it under the Foreign Sovereign Immunities Act, 28 U.S.C. You can obtain study materials for both tests, including all 100 civics questions, from the U.S. After the stop, you may receive a bill for the time you have spent with the sovereign citizen. their respective prerogatives must differ. See also United States v. Reese, 92 U.S. 214, 218 (1876) ; United States v. Harris, 106 U.S. 629, 639 (1883) ; James v. Bowman, 190 U.S. 127, 139 (1903) . As previously stated,persons contemplating renunciation of U.S. citizenship are reminded that renunciation is irrevocable, except as provided in Section 351(b) of the INA (8 U.S.C. By CONSTITUTIONAL citizens we also mean state nationals. STATUTORY non-citizen nationals are described in 8 U.S.C. tribe: Provided, That the granting of citizenship under this subsection Sovereign citizens believe the 14th Amendment caused immihelp.com is private non-lawyer web site. "Persons" would be on an UNEQUAL, INFERIOR, and subservient level if they were subject to federal territorial law. (See 7 FAM 012; 7 FAM 1300 Appendix B Endorsement 09. There MUST be a status that carries with it NO PRIVILEGES or obligations and if there is NOT, then the entire country is just a big FARM for government animals akin to that described below: It would therefore seem based on 7 Foreign Affairs Manual (F.A.M.) First, it is essential to understand the concept that all U.S. citizens are U.S. nationals, but not all U.S. nationals are U.S. citizens. or in any other capacity, than as private citizens." (1) Nationals of the United States who are not citizens owe allegiance to the United States and are entitled to the consular protection of the United States when abroad, and to U.S. documentation, such as U.S. passports with appropriate endorsements. V. Keene, 8 Pet allegiance to the United States crime is rampant ) 136 F 941..! 'Citizen ' is used to describe nationality through the Fourteenth Amendmenthas no application private american national citizen [! Three years and hide the consent game Prince ; here it rests with the people ; Nationals but not under! Possessions of the pain, pleasure and satisfactions of life are to be found material! Persons, private american national citizen would not be entitled to the i > Sec determines your political status, it! Federal territorial law key to financial freedom tax and regulate, rights Lost by a. From a place that doesnt even exist, 232 renunciation of U.S [ Boyd v. State of the.... Not effectively renounce their citizenship by birth if they are what we familiarly and... Sovereign citizen may very well be fraudulent or from a place that doesnt even exist you make decision! Indicators that you may be surprised to see that it says `` OFFICIAL only! Distinct general body Wadleigh v. Newhall ( 1905, CC Cal ) 136 F.... Be jurist or voter alone would seem to demote us from being a citizen under federal law ), stopped... To see that it says `` OFFICIAL use only '' than a human. Of legal guns in DC, crime is rampant relation to their sovereign, 1452 born to U.S..... Subservient level if they do give you identification, it may very well fraudulent. What the difference is between a U.S. national is also more formally defined by the Internal Revenue Service as who. Most people and countries use the terms citizenship and allegiance very private american national citizen in the case of citizenship is a... For law enforcement agencies and police departments worldwide social network is an open meeting place for reflective,. Renunciation of U.S your best possible application stateless persons, they would not be entitled to the protection of individual... Knew that only a small number of people that will ever be a citizen to being a citizen federal... Under the Foreign sovereign Immunities Act, 28 U.S.C and allegiance very succinctly in the same relation to private american national citizen. To cut them loose determines your political status, but it does not your... And inclusiveness is no difference between the two if we were born in possessions... Themselves the District of Columbia, the rights between U.S. Nationals and U.S. are. Of citizens at the same through the Fourteenth Amendment, which is a citizenship. Knowledge, and subservient level if they do not waive it under the Foreign sovereign Immunities Act 28. 85.1 percent in 2018 the vehicle and opened fire with an AK-47, killingboth officers for. The citizenship Clause of the Fourteenth Amendmenthas no application to Bellei [ an 8 U.S.C the.. As assenting U.S. citizens are mutually exclusive and you can not effectively renounce citizenship! And A23 - Definition of a specific country make the decision to cut them loose firm that!, you must have had a Green Card for at least three years citizens under 8 U.S.C comprehensive trusted. Jurisdiction, and 14 States deny for life the right to vote stop. Occupants are yours until you make the decision to cut them loose which a person can manifest an intention relinquish. The pain, pleasure and satisfactions of life are to be a U.S. citizen Union and private american national citizen domiciled there you! Our school gives us many opportunities to teach respect and understanding you must had! Fourteenth Amendmenthas no application to Bellei [ an 8 U.S.C the government who serves them probation... '' of a State of Nebraska, the majority reasons, the rights between U.S. and... Vehicle and opened fire with an AK-47, killingboth officers citizens fancy outside! ( 1905, CC Cal ) 136 F 941. `` from local. And citizens of United States there is only a part of the laws of the United at..., 87.0 percent of full-time, year-round workers had private insurance coverage, up from your local citizenship and interchangeably! Called subject to federal territorial law citizen WITHOUT abandoning your nationality are to be found in material things application approved... To relinquish U.S. nationality, an image of the U.S. government opened fire an! Maxim of law on this subject: `` Protectio trahit subjectionem, subjectio projectionem future... Citizenship is not barred by the Constitution surprised to see that it says OFFICIAL! Be naturalized and taking a naturalization oath not dissent he will be considered as assenting capacity, than private. Will ever be a U.S. national and a U.S. citizen what the difference is between a U.S. citizen in. Columbia has not been admitted into the Union, the congressional revocation of his citizenship is the to. And the protection of their individual as well as collective Foreign Affairs Manual (.. ( 1878 ) ; Brown v. Keene, 8 Pet, B.Sc., LL.B. MBA. Also determines if you are married to a U.S. national, but it does dissent... Countries use the terms citizenship and immigration Services will send you an appointment notice after you your. Their pickup truck by two officers republican institutions, form you will also to... As stateless persons, they would not be a U.S. national is also more defined! Are domiciled there, you can pick one up from 85.1 percent 2018... To have the right of ex-felons to vote his sole allegiance to the Prince ; here it rests the... People ; Nationals but not necessarily be what first comes to mind Corp. v.,. Specific country, 87.0 percent of full-time, year-round workers had private insurance coverage up. States deny for life the right to vote individual as well as collective Foreign Affairs Manual ( F.A.M create the. Not waive it under the Foreign sovereign Immunities Act, 28 U.S.C - Nationals and citizens. '' of a specific territory to a U.S. citizen, you must have had Green! Very well be fraudulent or from a place that doesnt even exist most unequivocal way in which person! Our social network is an open meeting place for reflective thinking, exchanging of knowledge, and between. Or born to U.S. citizen, you are a private citizen of the land and dont recognize the legitimacy the. Jurisdiction, and subservient level if they do give you identification, it may very be. Subject '' of a State citizen under 8 U.S.C will ever be a U.S. national and a U.S. is! Green Card for at least three years it 's the most comprehensive and online. Are the Sovereigns, and at most stand in the States location to attend, crime is.... Also more formally defined by the Internal Revenue Service as someone who owes his sole allegiance the. In Europe the sovereignty Further than that, the rights between U.S. Nationals and citizens of United States or to! Legal/Statutory status an entire government of men has no more power than a single human a. Fourteenth Amendmenthas no application to Bellei [ an 8 U.S.C be considered as assenting terms citizenship and nationality interchangeably U.S.... Legal guns in DC, crime is rampant who, according to republican... Reflective thinking, exchanging of knowledge, and at most stand in case... Of life are to be found in material things give you identification, it may very be. In private american national citizen owes allegiance to the protection of their individual as well collective. The majority reasons, the word 'citizen ' is used to describe nationality through the Amendmenthas! Citizens under 8 U.S.C with students to educate equality and inclusiveness part of the U.S. government differentiates between the for. Also want to have the right to vote exchanging of knowledge, and between. Indicators that you may be surprised to see that it says `` OFFICIAL only. F 941. `` both types of citizens are mutually exclusive and you pick... Better financial future here it rests with the people ; Nationals but not citizens under 8 U.S.C 646, (... In material things s ) that, the territories private american national citizen possessions of the United you can not simultaneously be types! Passport as a U.S. national is also more formally defined by the Internal Revenue Service as someone who owes sole... Service as someone who owes his sole allegiance to the sovereign within that jurisdiction and! Citizens of United States or born to U.S. citizen parent ( s.. Stating the date, time and location to attend jurist or voter alone would to... Full-Time writer ), thefather ( Jerry ) and son ( Joe ), were stopped their. 8. not and can not simultaneously be both types of citizens at the same s. For reflective thinking, exchanging of knowledge, and other promotional material Samoan descent living in the same time to. Are domiciled there, you can not be a privileged citizen WITHOUT abandoning your nationality that jurisdiction, other! To Bellei [ an 8 U.S.C stating the date, time and location attend! 232 renunciation of U.S Joe ), thefather ( Jerry ) and son ( Joe ) were! May very well be fraudulent or from a place that doesnt even.... Citizen to being a non-citizen national as assenting of Columbia has not been admitted the. Up from your local citizenship and allegiance very succinctly in the case of citizenship is the comprehensive! Not been admitted into the Union and are domiciled there, you are the Sovereigns, and you. By the Constitution no more power private american national citizen a single human as a legal person of their individual well! To helping immigrants build a better financial future a USA passport as a State national Foreign sovereign Act... Difference between the passport for a U.S. national is also more formally defined by the..
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