There is a common conviction among ''Fallout'' players that the Enclave is pre-War America, that it is the the sole legitimate sovereign of the United States, that only Enclave citizens are proper American citizens. On the other hand, the "mutants" living on the mainland outside Enclave's facilities and military bases are pariahs, stateless barbarians, who can't possibly be considered Americans, especially not when they belong to such non-American states like the New California Republic.
And since everyone thinks they're the only real America, they're the only real America, right?
Wrong.
The Enclave is nothing but a deluded, fascist group of raiders, styling themselves after the pre-War US government. They have cutting edge technology, all built using pre-War government property, yes. They are direct descendants of pre-War members of the government and the military industrial complex, yes. They claim to be the the "real" America and the only legal government the US has, yes.
But do their claims have any merits? None. Why? Because there's the little document from 1787 they have violated time and time again. The Constitution of the United States of America, the founding document of the Union, its blueprint.
Since the Enclave claims to be the legal government of the United States, it is automatically bound by the law outlined in the founding document. If it acts in contradiction of it, it is no longer a contitutional organ, but an usurper, a tyrant, a despot.
First of all, the issue of citizenship. It's a common misconception that only Enclave citizens are American citizens. The 1868 Amendment to the Constitution of the United States says otherwise:
14<sup>th</sup> Amendment said:
1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
As you can see, ''ius soli'' decides citizenship. All people born on the territory of the United States, regardless of their ancestry, are, by law, her citizens. This is ''very'' important, as the Enclave claims to be the legal American government, complete with the Congress and President. But are they?
Let's consult the main body of the constitution and the amendments:
Article I said:
|The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
Article II said:
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
17<sup>th</sup> Amendment said:
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
It doesn't take a genius to see that a few thousand bastards on an oil rig in the Pacific (plus give or take a few thousand on the mainland) aren't
the People and as such, any organ elected by them is unconstitutional and therefore illegal.
In consequence, not only is the Enclave's supposed
government illegal, it is also criminal in nature, as it has commited criminal acts against the People of the United States, including treason. They have murdered American citizens, without
any respect for the law, kidnapped them for slave labor and lethal medical experiments, I doubt there was a crime they
didn't commit against the People, the sovereign of the United States.
And, as a criminal organization, it was proper for them to be destroyed by the Chosen One and later pursued into oblivion by the New California Republic, as they represented the interests of the People of the United States, the post-nuclear citizens of the shattered Union.
Sorry Orion, but the Enclave wasn't the real America. Deal with it.
PS: Remember, the NCR was estabilished as a successor of the United States, hence they are not bound by the Constitution. However, given that it was founded on the same principles as its predecessor, it's the closest to a legitimate heir of the Union the People can get. Plus, remember, the People are the sovereign, not the government, so if they wish to ignore the Constitution and create a new state, it's their right to do so.