Trump v. Barbara · ¶227

It was on this basis that Congressmen believed that the Clause fixed in place the rule of the Civil Rights Act. Senator Trumbull stated that the Citizenship Clause, like the Civil Rights Act, would still exclude all persons subject to a foreign power: “What do we mean by ‘subject to the jurisdiction of the United States?’ Not owing allegiance to anybody else. That is what it means.” Id., at 2893. Senator Howard agreed that the Citizenship Clause “w[ould] not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of embassadors or foreign ministers accredited to the Government of the United States.” Id., at 2890. And, shortly before the Citizenship Clause was introduced, Senator William Fessenden, a supporter of the Amendment, explained that “persons may be born in the United States and not be citizens of the United States,” then gave…

slip opinion, revised 7/01/26
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