Trump v. Barbara · ¶258

As immigration laws became more restrictive, some adopted the view that children must be born to citizens to obtain citizenship by birth. In contesting that view, its detractors spoke in terms of domicile. Prominent jurist Henry C. Ide, for example, published an article arguing that whether “the very fact of birth in our country render[s] one ‘subject to the jurisdiction thereof ’” depends on “the question of domicile.” Citizenship By Birth—Another View, 30 Am. L. Rev. 241, 248 (1896). The “‘jurisdiction’ referred to in the amendment means political national jurisdiction and not merely the jurisdiction of our laws.” Id., at 247. “One born of parents temporarily in our country” is not constitutionally guaranteed citizenship because he “is not born with the stamp of domicile,” so the “elements of national jurisdiction are wanting.” Id., at 248. By contrast, Ide contended, persons…

slip opinion, revised 7/01/26
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