Trump v. Barbara · ¶160

A person was subject to the jurisdiction of the government of his domicile. “Domicil” was “the foundation of jurisdiction over persons.” 1 T. Twiss, The Law of Nations 239 (1861) (Twiss). The government of a person’s domicile had broad power over that person, including with respect to his personal affairs, his conduct abroad, his personal taxes, and the mutual duties of protection and allegiance. So, as the Senator who introduced the Citizenship Clause explained, “the word ‘jurisdiction,’ as here employed, ought to be construed so as to imply a full and complete jurisdiction . . . the same jurisdiction in extent and quality as applies to every citizen of the United States now.” Cong. Globe, 39th Cong., 1st Sess., 2895 (1866) (statement of Sen. Howard). After all, Congress “would have no right to make citizens” of “persons temporarily resident.” Id., at 572 (statement of Sen. Trumbull).

slip opinion, revised 7/01/26
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