Trump v. Barbara · ¶22

This view crossed the Atlantic with the colonists—and was adopted with little fanfare after the Revolution, as “subject[s]” of the sovereign became “citizens” of the States. See State v. Manuel, 20 N. C. 144, 152 (1838). This common law of citizenship—known as jus soli, or right of the soil— prevailed in “each and all of the states” after American independence, and continued to emphasize reciprocal “allegiance” and “protection.” 2 J. Kent, Commentaries on American Law 38–39, n. a, 40 (6th ed. 1848) (Kent). By “the doctrine of natural allegiance,” all “who [we]re born within the jurisdiction of a State” were citizens. W. Yates, Rights of Colored Men 36 (1838) (Yates); see W. Rawle, A View of the Constitution of the United States of America 86 (2d ed. 1829).

slip opinion, revised 7/01/26
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