Trump v. Barbara · ¶197

This protection abroad corresponded to the primary allegiance that the domiciliary owed his home government. When a person went “abroad for a time,” “his own state still possesse[d] a right to his allegiance.” W. Hall, The Foreign Powers and Jurisdiction of the British Crown 1–2 (1894). He “continue[d] under the obligations of [his home] allegiance, and his children, though born in a foreign country, [we]re not born under foreign allegiance.” Ludlam, 31 Barb., at 503. Although he owed a partial and temporary allegiance to his host nation, he was excused from military service and other obligations “distinctively associated with natural allegiance” because he owed “a prior and more binding allegiance to his own sovereign.” P. Hamburger, Beyond Protection, 109 Colum. L. Rev. 1823, 1847 (2009). Domicile was for that reason typically a prerequisite to, among other things, compulsory service…

slip opinion, revised 7/01/26
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