Trump v. Barbara · ¶196

Fourth, domicile determined which government owed a person protection when he went abroad. As this Court explained, “[t]he American citizen who goes into a foreign country, although he owes a local and temporary allegiance to that country, is yet, if he performs no other act changing his condition, entitled to the protection of our government.” Schooner Charming Betsy, 2 Cranch, at 120 (emphasis deleted); accord, Webster Report 2–3. So, before the Civil War, the Federal Government intervened to protect Americans abroad based on their domicile. See, e.g., Koszta 8–27. A nonnaturalized domiciliary abroad was entitled to “protection as an American citizen.” Id., at 18. The Department of State throughout the 19th century repeatedly confirmed “the right of persons domiciled in the United States, but not naturalized therein, to maintain internationally their status of domicil, and to claim…

slip opinion, revised 7/01/26
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