Trump v. Barbara · ¶267

The opinion itself was filled with meandering dicta. The Court’s interpretation of the Citizenship Clause evolved over the course of the opinion, before landing on an interpretation that limited citizenship at birth to persons domiciled here. At first, the opinion stated that the rule of American citizenship was the feudal principle of birth on the soil with only two exceptions: (1) “the child of an ambassador or other diplomatic agent of a foreign State” and (2) the child of “an alien enemy in hostile occupation.” Id., at 658. Then, after considering more evidence and arguments, the opinion reformulated the rule to include a third exception: (1) “children of members of the Indian tribes,” (2) “children born of alien enemies in hostile occupation,” and (3) “children of diplomatic representatives of a foreign State.” Id., at 682. Then, after discussing more “considerations and…

slip opinion, revised 7/01/26
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