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Trump v. Barbara · ¶278

Throughout this period, Congress left in place the same statutory language that it originally enacted in 1866 and then re-enacted in 1870, so American citizenship was limited to persons “not subject to any foreign power.” See Enforcement Act of 1870, §18, 16 Stat. 144 (reenacting Act of Apr. 9, 1866, 14 Stat. 27); see also Rev. Stat. §1992 (1875) (“All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States”); 8 U. S. C. §1 (1934 ed.) (“All persons born in the United States and not subject to any foreign power are declared to be citizens of the United States”).
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slip opinion, revised 7/01/26
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