Trump v. Barbara · ¶252

State officials likewise agreed that the Citizenship Clause excluded persons not domiciled here. Although the Citizenship Clause guaranteed both national and state citizenship, States excluded from citizenship “children of transient aliens.” Political Code of California §51(1) (1872); accord, e.g., Rev. Codes of N. D. §11(1), p. 64 (1895) (“The citizens of the state are: All persons born in this state and residing within it, except the children of transient aliens”); The Complete Codes and Statutes of the State of Montana §71(1), p. 5 (W. Sanders ed. 1895) (“The citizens of the State are: All persons born in this State and residing within it, except the children of transient aliens”). Nobody seemed to suggest that these state laws violated the Fourteenth Amendment.

slip opinion, revised 7/01/26
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