Trump v. Barbara · ¶354

If all three branches of the Federal Government were not enough, many others concurred during these first two decades. The Court cannot explain why, in the 1870s, William Robinson wrote that children “born within the territory of the United States, of alien parents” were not citizens unless “permanently domiciled within the United States,” Robinson, Notes on Elementary Law 70; why California excluded from citizenship “children of transient aliens,” Political Code of California §51(1); why Representative Ebenezer Hoar—President Grant’s first Attorney General and one of the nation’s most eminent jurists—interpreted the Citizenship Clause to require domicile, 2 Cong. Rec. 3279; see 3 C. Warren, The Supreme Court in United States History 223– 226 (1924); and why the Executive Branch denied citizenship to a child born here but domiciled abroad, see Letter from Acting Sec. of State F. Seward…

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