Trump v. Barbara · ¶33

The specter of Dred Scott, however, loomed over Congress’s efforts. Opponents of the Act contended that Congress could not grant such expansive citizenship (and set aside this Court’s precedent) by statute alone. See, e.g., Cong. Globe, 39th Cong., 1st Sess., at 497–498 (Sen. Van Winkle); id., at 499 (Sen. Cowan). To quiet those concerns—and to permanently enshrine the common law in the Constitution—Congress turned to the Fourteenth Amendment.

slip opinion, revised 7/01/26
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