Trump v. Barbara · ¶257
Scholar after scholar confirmed that domicile was required for citizenship. “The words ‘subject to the jurisdiction thereof,’ exclude[d] the children of foreigners transiently within the United States.” A. Morse, Treatise on Citizenship 248 (1881). The Citizenship Clause excluded the “children of foreign subjects, born while the latter transiently sojourn here.” M. Lesser, Citizenship and Franchise, 4 Colum. L. Times 113, 146 (1891). “[T]he children of foreigners, in transient residence, are not citizens, their fathers being subject to the jurisdiction less completely than Indians.” Hall, The Foreign Powers and Jurisdiction of the British Crown, at 63; see also W. Hall, International Law 236–237 (4th ed. 1895) (“In the United States it would seem that the children of foreigners in transient residence are not citizens”). “[T]he requirement of personal subjection to the ‘jurisdiction…Read in context ›
slip opinion, revised 7/01/26
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