Trump v. Barbara · ¶203

Critics of the Dred Scott decision consistently took the position that citizenship should be based on birth and domicile regardless of race. Domicile, after all, was colorblind. In the words of Representative John Bingham of Ohio, soon to become a central figure in the crafting of the Fourteenth Amendment: “[A]ll free persons born and domiciled within the jurisdiction of the United States, are citizens of the United States from birth.” Cong. Globe, 35th Cong., 2d Sess., at 983. Blacks such as Dred Scott called America home, so they were citizens despite having been subordinated based on their race. As Representative Shellabarger would explain, “persons of African descent whose ancestors were slaves” were entitled to “citizenship” because they were “domiciled in our own country and continu[ed] here to reside.” Cong. Globe, 39th Cong., 1st Sess., at 1160. Likewise, Representative Philemon…

slip opinion, revised 7/01/26
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