Trump v. Barbara · ¶148
The Citizenship Clause of §1 of the Fourteenth Amendment should be no different. The Court’s 1898 decision in Wong Kim Ark recognized four exceptions that existed as of the Fourteenth Amendment’s ratification in 1868. Therefore, under basic tenets of constitutional interpretation, other exceptions can be recognized when the new exceptions (i) are based on subsequent developments or circumstances that are new, i.e., largely unknown or unanticipated by the Framers of the Fourteenth Amendment, and (ii) are relevantly similar to the four previously recognized Wong Kim Ark exceptions. See generally, e.g., United States v. Hemani, 608 U. S. ___, ___ (2026) (slip op., at 7); Rahimi, 602 U. S., at 692; Moody, 603 U. S., at 733–734; Bucklew v. Precythe, 587 U. S. 119, 130– 134 (2019); United States v. Jones, 565 U. S. 400, 404–405 (2012); Brown v. Entertainment Merchants Assn., 564 U. S. 786,…Read in context ›
slip opinion, revised 7/01/26
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