Trump v. Barbara · ¶175

Of course, birthplace closely correlated with domicile. Most children were born where their parents were domiciled and where, as a result, they were domiciled. The correlation was especially strong in the early 19th century, when crossing an ocean for a temporary visit was an unappealing prospect for pregnant women. Because birthplace was often a heuristic for domicile, it could be generally stated that children were citizens of their place of birth. See ante, at 3–6 (majority opinion). But, when the specific question arose, a “reasonable qualification” to that general statement excepted “children of parents, who were in itinere in the country, or abiding there for temporary purposes.” J. Story, Commentaries on the Conflict of Laws 48 (1834) (Story on Conflict of Laws).

slip opinion, revised 7/01/26
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