Trump v. Barbara · ¶157

The same could not be said for the children of foreign temporary visitors. Foreign temporary visitors were attached to their home country, lacked similar bonds to this country, and would not be called upon in time of war. Americans, consistent with their settler ethos, believed that citizens were the people who called a place home. Accordingly, domicile—a person’s legal home—played a key role in both state and national citizenship in America. A person was a “citizen” of the state where he had his “domicil.” Barber v. Bar ber, 21 How. 582, 599 (1859). When foreigners temporarily visited, their “national character” was unchanged. The Ve nus, 8 Cranch 253, 278–279 (1814). Such visitors were “strangers,” not “subjects.” Id., at 278. A person born here but domiciled in a foreign land was therefore considered “as much a stranger to the country as his father.” 1 H. St. George Tucker,…

slip opinion, revised 7/01/26
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