Trump v. Barbara · ¶349

Most interpreters of the Citizenship Clause concluded that it required domicile. The Citizenship Clause, scholars said, required that a child born here of alien parents show that those parents were “permanently domiciled within the United States.” Robinson, Notes on Elementary Law, at 70. It excluded those with “allegiance to some other government.” Cooley, General Principles of Constitutional Law, at 243. Children born in the United States, their “parents not being here domiciled, are not citizens.” Wharton Treatise 1880, at 41. “The words ‘subject to the jurisdiction thereof,’ . . . exclude[d] the children of foreigners transiently within the United States.” Morse, Treatise on Citizenship, at 248. Children “born in the United States to foreigners here on transient residence” were not “subject to the jurisdiction of the United States.” 2 Wharton Digest 393– 394. A “child born here” to…

slip opinion, revised 7/01/26
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