Trump v. Barbara · ¶230

The phrase “subject to the jurisdiction” solved the problem because it avoided excluding from citizenship the children of nontribal Indians who for whatever reason were not taxed. Tribal Indians were not in “any sense” “subject to the complete jurisdiction of the United States.” Cong. Globe, 39th Cong., 1st Sess., at 2893 (statement of Sen. Trumbull). Like temporary visitors, tribal Indians were “not subject to our jurisdiction in the sense of owing allegiance solely to the United States.” Id., at 2894. Their internal affairs—including marriages, family matters, intestacy, and payment of personal taxes—were regulated by their tribes. See Part I–D–1–b, supra. Thus, “members of Congress understood [the Fourteenth Amendment’s] language to be more precisely describing, not substantively altering, the set of individuals excluded from birthright citizenship by the Civil Rights Act.” M.…

slip opinion, revised 7/01/26
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