Trump v. Barbara · ¶24
In a Nation of immigrants—an “asylum for mankind,” in Thomas Paine’s words—jus soli’s broad scope took on particular importance. Common Sense (1776), in 1 Writings of Thomas Paine 101 (M. Conway ed. 1894). The young Republic attracted tens of thousands of émigrés from the Old World—Scotch-Irish, French, German, Welsh, and many more, some of whom hoped to stay only a short time, others of whom hoped never to leave. See M. Jones, American Immigration 64–91 (1960). No matter their intentions, however, they could be assured that their children would be American citizens by birth alone. As Justice Story said, “[n]othing is better settled.” Inglis, 3 Pet., at 164 (opinion concurring in part and dissenting in part). The very first American legal treatise agreed. See 1 Z. Swift, A System of the Laws of the State of Connecticut 164, 167 (1795) (“children of aliens” are citizens, for they owe a…Read in context ›
slip opinion, revised 7/01/26
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