Trump v. Barbara · ¶369

The first pillar of the Court’s theory is Calvin’s Case, a 418-year-old English common-law decision. Calvin’s Case held that a child born in Scotland could hold land in England. See 7 Co. Rep. 1a, 77 Eng. Rep. 377 (K. B. 1608). According to the Court, Sir Edward Coke’s separate opinion in Calvin’s Case established the “common law” principle called “jus soli,” pursuant to which people owed perpetual feudal allegiance to the King of England if they were “‘born within the dominions’” that he owned. Ante, at 3–4. This principle applied to all persons born on the land, not just those domiciled there. As the Court tells it, the 1608 feudal principle as described by Coke was adopted as the law of citizenship in America and then incorporated by reference in the Citizenship Clause. Ante, at 2–9.

slip opinion, revised 7/01/26
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