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Samuel Voss's avatar

This is Illinois we'retalking about. He doesn't have to personally vote in order to have voted.

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Bladizzle's avatar

I’m an attorney (though not a canonist…nobody is perfect). I’ve thought about these issues way too much and this article is the most thorough analysis I have found on the issue of His Holiness’s citizenship and legal implications of his unique circumstances. Two points I would add to this article: First, the Titles of Nobility Amendment lacked a sunset clause for the time states had to ratify it. Therefore, based on precedent of the 27th Amendment, which Congress sent to the states in 1789 but not ratified until 1992, if an additional 26 state legislatures ratify the proposed amendment, the acting archivist (currently Sec. of State Rubio) would have to publish it as the 28th Amendment. It seems that the main point of opposition to the Amendment by some 18th century legislators was concern that the Titles of Nobility Amendment would strip citizenship from those awarded the Legion of Honor by King Louis XIV. Of course, these days American citizens are more likely to be granted honorary knighthood in the UK (which was unthinkable in 1789). Second, the 14 year residency requirement of Article II, Sec. 1, cl. 5 has not been interpreted to expressly mean 14 years continuous physical residency in the territory of the United States. He has maintained an address, which qualifies as his domicile under Illinois law, though I imagine it could be challenged if the Illinois Secretary of State wished to do so. It is a fascinating law school-type exercise. I am having flashbacks to filling up 5 blue books with my written response to a Constitutional Law final exam. Practically, I believe His Holiness will no longer vote in American elections or invoke his right to any of the privileges and immunities of American citizenship. Regarding taxes, there is precedent for the long arm of the IRS reaching the coffers of a foreign head of government. Former UK Prime Minister Boris Johnson was born in New York City when his parents lived in the states. If I recall correctly, when he was a member of the House of Commons (though not yet PM) he ended up settling a tax bill with the IRS concerning proceeds from the sale of property he owned. I do not believe details of the resolution were made public, but it seems a zealous IRS agent (or an AI assistant reviewing expatriates’s filings) could establish a case for taxing the pope. Another possible reason for the pope’s caution on the emergence of AI in daily life. 😉

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