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Titles of Nobility amendment

The Titles of Nobility Amendment was a proposed amendment to the United States Constitution, introduced in 1810 by Senator Philip Reed, which did not take effect because it was not ratified by enough state legislatures. The proposed amendment read:

If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any Emperor, King, Prince, or foreign Power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.

It is relatively uncommon for U.S. citizens to receive titles of nobility from foreign countries, so that effect would be limited but if implemented today, the amendment's possible effects would include:

  • Since the amendment would apply to any U.S. citizen who "received" an honor, whether or not he accepted that honor by any positive personal act, any country might use the amendment to try to deprive a U.S. citizen of citizenship.
  • Absent Congressional approval, pensions to which naturalized citizens are entitled from their original countries could only be accepted, even if earned, at the cost of their United States citizenship.
  • Absent Congressional approval, natural-born U.S. citizens of dual nationality would be restricted in accepting pensions from their other nationality.
  • Absent Congressional approval, honorary titles could not be offered or accepted and would have to be disclaimed prior to becoming a U.S. citizen. Knighthoods from Britain have been received by Ronald Reagan GCB, George H. W. Bush GCB, Caspar Weinberger, Rudy Giuliani KBE, William Henry Gates III KBE, and many others.
  • Absent Congressional approval, if considered honors, gallantry awards from foreign powers could not be accepted. International medal awards are fairly common. For example, on July 24, 2002, Australian SAS commander in Afghanistan Lieutenant-Colonel Rowan Tink was awarded a U.S. Bronze Star.

Some people, however, claim that the amendment was properly ratified, and that it does have an effect. The claimed effects are:

  1. When someone in the United States becomes a lawyer, he or she often uses the title of "Esquire" to signify his or her status, much as doctors attach "M.D." to their names. Proponents of the Titles of Nobility amendment claim that this is "a British title of gentry." Therefore, so the argument goes, any lawyer in the United States that uses the title "Esquire" is British gentry, and can't hold public office.
  2. The word "honour" in the phrase "title of nobility or honour" should not be interpreted as "title of honour," but rather as "obtaining or having an advantage or privilege over another," which includes, among other things, the immunity to lawsuits which is held by various government officials. Thus, judges could be sued for the legal decisions that they make, and legislators could be sued for the laws they pass.

These opinions, which are espoused primarily by far-right movements, have never been upheld by any court and are rejected by mainstream legal opinion.

See also

External links

  • Pro-TONA page arguing that lawyers hold a title of nobility
  • Anti-TONA page, arguing that TONA was never made a part of the constitution, and that lawyers don't hold any titles of nobility
10-26-2009 08:16:03
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