Trump v. Barbara · ¶343

The Court has no explanation for the Reconstruction Congress’s 1870 decision to exclude from citizenship all persons “subject to any foreign power.” It appears to concede that it cannot reconcile its interpretation of the Citizenship Clause with that statute. See ante, at 23–25. And, the Court recognizes that “every child born to” temporary visitors was subject to a foreign power. See ante, at 24; see also Part I– B–2–b, supra. According to the Court, then, Congress defied the Citizenship Clause immediately after enacting it.

slip opinion, revised 7/01/26
Source edition
Passage preview. Read in context for the complete text, notes and references.