gloss · the reading room

Trump v. Barbara · ¶345

Early judicial precedent supports the same conclusion. In 1873—five years after ratification—this Court described the Citizenship Clause in a manner that is, on the Court’s view, indefensible. It stated that the Clause “exclude[d] from its operation children of . . . citizens or subjects of foreign states born within the United States.” Slaughter- House Cases, 16 Wall., at 73. The Court rejects that position today, but declines to address its previous interpretation.
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slip opinion, revised 7/01/26
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