§ 2.Nature and status, 91 C.J.S.

United States § 2

91 C.J.S. United States § 2

Corpus Juris Secundum | March 2018 Update

United States
Francis C. Amendola, J.D.; Joseph Bassano, J.D.; James Buchwalter, J.D.; Paul M. Coltoff, J.D.; Stephen Lease, J.D.; Eric Mayer, J.D.;
and Jeanne M. Reiser, J.D.

I. Definition, Nature, and Extent

A. In General

§ 2. Nature and status

Topic Summary | References | Correlation Table

West’s Key Number Digest

•0 West’s Key Number Digest, United States 201

The United States is a single nation. It is an indestructible union of equal and indestructible states. It is a body politic
and corporate.
 

The people of the United States established a national government. 1 The United States is a republic rather than a democracy. 2
It is a fundamental principle that the United States government is a government of laws and not of men. 3 However, it is a
government of the people, by the people, and for the people. 4 The federal government is the ultimate parens patriae of every
American citizen.5
 
The federal government has sovereign attributes.6 Such attributes include legislative, executive, and judicial powers. 7 The
sovereignty of the United States consists of the powers existing in the people as a whole and the persons to whom they have
delegated it and not as a separate personal entity. 8 The United States, in its sovereign capacity, has no particular place of
domicile but possesses, in contemplation of law, a ubiquity throughout the Union. 9 The United States is, however, entirely
separate and distinct from the District of Columbia.10
 
The United States is, for many important purposes at least, a single nation. 11 The articles of confederation acted only on the
states, but the Constitution acts directly on all the people, and they are directly responsible, and not mediately through the
states.12 The powers of sovereignty are divided between the federal and state governments under this complex federal
system.13 The federal and state governments are each sovereign with respect to the rights committed to it, and neither is
sovereign with respect to the rights committed to the other. 14 The union between the states is a union of equal states. 15 All the
provisions of the Constitution look to an indestructible union of indestructible states. 16 The United States is not, in relation to
the several states, regarded as a foreign nation. 17 The United States is a “state” as such word is frequently used in international
law.18
 
The United States is a body politic 19 and corporate.20 The corporate residence of the United States is within the United States. 21
It is, for some purposes,22 although not others,23 treated as a “person.” When the United States enters into commercial
business, it abandons its sovereign capacity and is to be treated like any other corporation. 24
 

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§ 2.Nature and status, 91 C.J.S. United States § 2

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Footnotes
1
U.S.—M’Culloch v. State, 17 U.S. 316, 4 L. Ed. 579, 1819 WL 2135 (1819).
2
Ind.—Hawkins v. City of Greenfield, 248 Ind. 593, 230 N.E.2d 396 (1967).
3
U.S.—U.S. v. Bellard, 674 F.2d 330, 3 Ed. Law Rep. 499 (5th Cir. 1982).
4
U.S.—U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 115 S. Ct. 1842, 131 L. Ed. 2d 881 (1995).
5
U.S.—State of S.C. v. Katzenbach, 383 U.S. 301, 86 S. Ct. 803, 15 L. Ed. 2d 769 (1966).
6
U.S.—U. S. ex rel. Marcus v. Hess, 317 U.S. 537, 63 S. Ct. 379, 87 L. Ed. 443 (1943); Burnet v. Brooks, 288 U.S.
378, 53 S. Ct. 457, 77 L. Ed. 844, 86 A.L.R. 747 (1933).
D.C.—Randolph v. District of Columbia, 156 A.2d 686 (Mun. Ct. App. D.C. 1959).
7
U.S.—M’Culloch v. State, 17 U.S. 316, 4 L. Ed. 579, 1819 WL 2135 (1819).
As to separation of powers, see C.J.S., Constitutional Law §§ 215 to 217.
8
U.S.—Filbin Corp. v. U.S., 266 F. 911 (E.D. S.C. 1920).
9
N.J.—Federal Deposit Ins. Corp. v. Mangiaracina, 16 N.J. Misc. 203, 198 A. 777 (Cir. Ct. 1938).
10
D.C.—Randolph v. District of Columbia, 156 A.2d 686 (Mun. Ct. App. D.C. 1959).
11
U.S.—Northern Securities Co. v. U.S., 193 U.S. 197, 24 S. Ct. 436, 48 L. Ed. 679 (1904).
12
U.S.—In re Debs, 158 U.S. 564, 15 S. Ct. 900, 39 L. Ed. 1092 (1895) (disapproved of on other grounds by, Bloom v.
State of Ill., 391 U.S. 194, 88 S. Ct. 1477, 20 L. Ed. 2d 522 (1968)).
13
U.S.—M’Culloch v. State, 17 U.S. 316, 4 L. Ed. 579, 1819 WL 2135 (1819).
14
U.S.—M’Culloch v. State, 17 U.S. 316, 4 L. Ed. 579, 1819 WL 2135 (1819).
Ky.—Foley Const. Co. v. Ward, 375 S.W.2d 392 (Ky. 1963).
15
U.S.—U.S. v. Sandoval, 198 F. 539 (D.N.M. 1912), rev’d on other grounds, 231 U.S. 28, 34 S. Ct. 1, 58 L. Ed. 107
(1913).
16
U.S.—Texas v. White, 74 U.S. 700, 19 L. Ed. 227, 1868 WL 11083 (1868) (overruled in part on other grounds by,
Morgan v. U.S., 20 Ct. Cl. 533, 113 U.S. 476, 5 S. Ct. 588, 28 L. Ed. 1044 (1885)).
17
U.S.—Claflin v. Houseman, 93 U.S. 130, 23 L. Ed. 833, 1876 WL 19239 (1876).
As to relation of states to United States, generally, see C.J.S., States §§ 38 to 41.
18
Conn.—McLaughlin v. Poucher, 127 Conn. 441, 17 A.2d 767 (1941).
19
U.S.—U. S. ex rel. Marcus v. Hess, 317 U.S. 537, 63 S. Ct. 379, 87 L. Ed. 443 (1943).
20
U.S.—State of Russia v. National City Bank of New York, 69 F.2d 44 (C.C.A. 2d Cir. 1934).
N.D.—Harding v. City of Dickinson, 76 N.D. 71, 33 N.W.2d 626 (1948).
Public or quasi corporation
U.S.—Dugan v. U.S., 16 U.S. 172, 4 L. Ed. 362, 1818 WL 2418 (1818).
21
U.S.—Helvering v. British-American Tobacco Co., 69 F.2d 528 (C.C.A. 2d Cir. 1934), aff’d, 293 U.S. 95, 55 S. Ct.
55, 79 L. Ed. 218 (1934).
22
Pa.—Baker v. Kirschnek, 317 Pa. 225, 176 A. 489 (1935).

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§ 2.Nature and status, 91 C.J.S. United States § 2

23
U.S.—U.S. v. Fox, 94 U.S. 315, 24 L. Ed. 192, 1876 WL 19533 (1876).
24
U.S.—The No. 34, 11 F.2d 287 (D. Mass. 1925).

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Works.

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§ 2.Nature and status, 91 C.J.S. United States § 2

Citing References (4)

Title Date Type Depth

1. Verified Appellate Brief Sep. 13, 2017 Brief
Leonard J. COUSINO, Petitioner-Appellant, v. TOWNSHIP OF MARSHALL,
Respondent-Appellee.
2017 WL 4117307, *1+ , 6th Cir. (Appellate Brief)

2. Notice of Federal Complaint by Affidavit June 16, 2005 Petition

Norma Lee ADAMS, an individual, Barry Wayne Adams, an individual and
Natural Person; Proper Party Plaintiffs, Jointly and Severally, v. “”CITY OF
MARS...
2005 WL 1827955, *1827955 , W.D.Mich. (Trial Pleading)

3. West’s Federal Administrative Practice s 1, Overview 2017 Other Secondary —

Source
The government of the United States is divided into three branches: the
legislative branch, the executive branch, and the judicial branch. The legislative
branch possesses all...

4. STATUTORY COVERAGE AGAINST SEIZURE 2001 Other Secondary —

Source
Three laws in the United States provide coverage against seizure to works of
art within the United States: A federal statute (22 U.S.C. §2459), a New York
State statute (N.Y. Arts...

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 4

§ 2.Nature and status, 91 C.J.S. United States § 2

Table of Authorities (24)

Treatment Referenced Title Type Depth Page

Number
— 1. Baker v. Kirschnek Case — s2
176 A. 489, Pa., 1935
Appeal No. 343, January term, 1934, from decree of
Court of Common Pleas, Delaware County; W. Roger
Fronefield, President Judge. Suit by Warren A. Baker
and others against John...

— 2. Burnet v. Brooks Case — s2

53 S.Ct. 457, U.S., 1933
On Writ of Certiorari to the United States Circuit
Court of Appeals for the Second Circuit. Proceeding
by David Burnet, Commissioner of Internal Revenue,
opposed by Ernest Brooks...

— 3. Claflin v. Houseman Case — s2

1876 WL 19239, U.S.N.Y., 1876
ERROR to the Supreme Court of the State of New
York. This action was brought in May, 1872, in the
New York Supreme Court, county of Kings, by Julius
Houseman, as assignee in...

— 4. Dugan v. U.S. Case — s2

1818 WL 2418, U.S.Md., 1818
ERROR to the circuit court for the district of
Maryland. By the special verdict in this cause, it
appeared, that on the 22d of December, 1801, Aquila
Brown at Baltimore, drew a...

— 5. Federal Deposit Ins. Corp. v. Mangiaracina Case — s2

198 A. 777, N.J.Cir.Ct., 1938

Action at law by the Federal Deposit Insurance
Corporation against L. J. (also known as Liborio
John) Mangiaracina on promissory notes. On motion
to strike out defendant’s demand...

— 6. Filbin Corp. v. U.S. Case — s2

266 F. 911, E.D.S.C., 1920
At Law. Petition by the Filbin Corporation and
another against the United States to recover
compensation for property taken from petitioners. On
motion by the United States for...

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§ 2.Nature and status, 91 C.J.S. United States § 2

Treatment Referenced Title Type Depth Page

Number
— 7. Foley Const. Co. v. Ward Case — s2

375 S.W.2d 392, Ky., 1963

Suit by construction company against highway
department for breach of contract. The Circuit Court,
Franklin County, Henry Meigs, J., entered judgment
in favor of department and...

— 8. Harding v. City of Dickinson Case — s2

33 N.W.2d 626, N.D., 1948
Appeal from District Court, Stark County; Harvey J.
Miller, Judge. Taxpayer’s action by R. R. Harding
against the City of Dickinson, Stark County, N. D.,
Edgar T. Agnew, president,...

— 9. Hawkins v. City of Greenfield Case — s2

230 N.E.2d 396, Ind., 1967
Action for declaratory judgment and injunction by
taxpayer against city, city Economic Development
Commission and the state Attorney General,
contesting the constitutionality of...

— 10. Helvering v. British-American Tobacco Co. Case — s2

69 F.2d 528, C.C.A.2, 1934
Appeal from the United States Board of Tax Appeals.
Petition by Guy T. Helvering, Commissioner of
Internal Revenue, opposed by the British-American
Tobacco Company, Limited, to...

— 11. In re Debs Case — s2

15 S.Ct. 900, U.S.Ill., 1895

Petition for Writ of Habeas Corpus.

— 12. M’Culloch v. State Case — s 2+

1819 WL 2135, U.S.Md., 1819

United States Bank.—Implied power.—Taxing power.
Congress has power to incorporate a bank. The
government of the Union is a government of the
people; it emanates from them; its...

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§ 2.Nature and status, 91 C.J.S. United States § 2

Treatment Referenced Title Type Depth Page

Number
— 13. McLaughlin v. Poucher Case — s2
17 A.2d 767, Conn., 1941
Appeal from Superior Court, Fairfield County; John
Rufus Booth, Judge. Action by Charles J.
McLaughlin, Tax Commissioner, against Lilian S.
Poucher, executrix under the will of...

— 14. Northern Securities Co. v. U.S. Case — s2

24 S.Ct. 436, U.S.Minn., 1904

APPEAL from the Circuit Court of the United States
for the District of Minnesota to review a decree
enforcing, as against the defendants, the provisions
of the antitrust act...

— 15. Randolph v. District of Columbia Case — s 2+

156 A.2d 686, D.C.Mun.App., 1959
Defendant was convicted of failing to give full time
and attention to operation of motor vehicle in violation
of traffic and motor vehicle regulations of District of
Columbia. The...

— 16. State of Russia v. National City Bank of New Case — s2

York
69 F.2d 44, C.C.A.2, 1934
Action by the State of Russia against the National
City Bank of New York, impleaded with the Bankers’
Trust Company. Decree for defendants, and plaintiff
appeals. On motion for...

— 17. State of S.C. v. Katzenbach Case — s2

86 S.Ct. 803, U.S.S.C., 1966

Bill in equity for determination of validity of selected
provisions of Voting Rights Act of 1965 and for
injunction against enforcement of provisions by
United States Attorney...

— 18. Texas v. White Case — s2

1868 WL 11083, U.S.Tex., 1868

1. The word State describes sometimes a people or
community of individual united more or less closely in
political relations, inhabiting temporarily or
permanently the same...

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§ 2.Nature and status, 91 C.J.S. United States § 2

Treatment Referenced Title Type Depth Page

Number
— 19. The No. 34 Case — s2
11 F.2d 287, D.Mass., 1925
In Admiralty. Libel by the United States against scow
No. 34. On exceptions to the answer. Exceptions
overruled.

— 20. U. S. ex rel. Marcus v. Hess Case — s 2+

63 S.Ct. 379, U.S.Pa., 1943

On Writ of Certiorari to the United States Circuit
Court of Appeals for the Third Circuit. Informer’s
action by the United States of America, on the
relation of Morris L. Marcus,...

— 21. U.S. Term Limits, Inc. v. Thornton Case — s2

115 S.Ct. 1842, U.S.Ark., 1995

Term Limits. States may not impose qualifications for
United States Congress in addition to those set forth
in the Constitution.

— 22. U.S. v. Bellard Case — s2

674 F.2d 330, 5th Cir.(La.), 1982

The United States District Court for the Western
District of Louisiana, W. Eugene Davis, J., granted
summary judgment in favor of student borrower who
defaulted on loan guaranteed...

— 23. U.S. v. Fox Case — s2

1876 WL 19533, U.S.N.Y., 1876

ERROR to the Court of Appeals of the State of New
York. In February, 1870, Charles Fox, of the city of
New York, died possessed of certain personal and
real property situated in...

— 24. U.S. v. Sandoval Case — s2

198 F. 539, D.N.M., 1912

Felipe Sandoval was indicted for introduction of liquor
into the Indian country, in violation of Act Jan. 30,
1897, c. 109, 29 Stat. 506. Demurrer to indictment
sustained.

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