Trump v. Barbara · ¶169

Domicile was critical for state citizenship. As Chief Justice Marshall explained, a person was “a citizen of that State” in which “he has a fixed and permanent domicil.” Brown v. Keene, 8 Pet. 112, 115 (1834); accord, e.g., Eberly v. Moore, 24 How. 147, 157 (1861) (“citizens” if “domicil[ed]”); Barber, 21 How., at 599 (“citizenship” by “domicil”); 3 J. Story, Commentaries on the Constitution of the United States 565 (1833) (Story on Constitution) (“change of citizenship” by “change of domicil”). Temporary visitors, it followed, were not citizens. When a person went to a new State on “a mere temporary visit, for a transient purpose,” Justice Story explained, he could not thereby “claim to be a citizen of such state.” Case v. Clarke, 5 F. Cas. 254, 255 (No. 2,490) (R. I. 1828). Instead, to become a “citizen of the state to which he removes,” someone had to show “that he ha[d] his domicil…

slip opinion, revised 7/01/26
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