Trump v. Barbara · ¶370

The English principle was a rule of feudal servitude, not a rule of citizenship. “[I]n England there was no such thing as a citizen.” Hamburger, Allegiance, Birthright, and Citizenship. The English principle instead determined a person’s permanent feudal bondage to the King, which he could not unilaterally abandon. It was based on the notion that “[a] man owed personal service to the lord of the soil, the same as his master owed it to the king; and it was born with the child and only ended in the grave”—a relation of “master and servant.” 2 Cong. Rec 3279 (statement of Rep. Cox). “Under the feudal system, every owner of lands held them in subjection to some superior or lord.” 1 Blackstone, Commentaries on the Laws of England, at 367–368. The lord would “protect the vassal in the enjoyment of the territory granted him,” while the vassal would “be faithful to the lord, and defend him…

slip opinion, revised 7/01/26
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