Trump v. Barbara · ¶315

The Citizenship Clause guarantees citizenship to persons who were both born in the United States and “subject to the jurisdiction thereof.” Amdt. 14, §1. At the time that the Citizenship Clause was adopted, the phrase “subject to the jurisdiction” referred to the legal relationship that a person had to the government of his domicile. See Part I–B–2–c, supra. That legal relationship included the government’s power over the domiciliary’s personal affairs, power to regulate his conduct everywhere, and power to impose personal taxes on him. See Story on Conflict of Laws 51–52; In re Hood’s Estate, 21 Pa., at 115. It also included the reciprocal relationship of protection abroad and primary allegiance. Schooner Charming Betsy, 2 Cranch, at 120. A government lacked the powers associated with this relationship, and thus lacked complete jurisdiction, over temporary visitors. See The Venus, 8…

slip opinion, revised 7/01/26
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