Trump v. Barbara · ¶272

“The effect of [Wong Kim Ark],” a legal scholar explained shortly after it was published, “is to make citizens of the United States by virtue of the Fourteenth Amendment all persons born in the United States of alien parents perma nently domiciled and residing here.” W. Guthrie, Lectures on the Fourteenth Article of Amendment to the Constitution of the United States 57 (1898) (emphasis added). As a Fourteenth Amendment treatise published in 1901 explained, it remained the case that “mere birth within American territory does not always make the child an American citizen.” H. Brannon, Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States 25 (Brannon). The Citizenship Clause excluded “children of aliens born here while their parents are traveling or only temporarily resident.” Ibid. Wong Kim Ark was limited to “alien parents, not temporarily…

slip opinion, revised 7/01/26
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