Trump v. Barbara · ¶350

Many more agreed: The Citizenship Clause excluded the “children of foreign subjects, born while the latter transiently sojourn here.” Lesser, Citizenship and Franchise, 4 Colum. L. Times, at 146. The “children of foreigners, in transient residence, are not citizens.” Hall, Foreign Powers and Jurisdiction of the British Crown, at 63. “[I]f a stranger or traveler passing through the country” has “a child born here, who goes out of the country with his father, such child is not a citizen.” Black, Handbook of American Constitutional Law 458 (1895). “[C]hildren of foreigners in transient residence are not citizens.” Hall, International Law, at 236–237 (1895). “One born of parents temporarily in our country” is not constitutionally guaranteed citizenship because he “is not born with the stamp of domicile,” so the “elements of national jurisdiction are wanting.” Ide, Citizenship By…

slip opinion, revised 7/01/26
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