Trump v. Barbara · ¶395

Finally, the Court relies on general statements without recognizing that those statements are also compatible with my view of the Citizenship Clause. The Citizenship Clause indeed followed the pre-existing law, see, e.g., ante, at 9, but the pre-existing law was based on domicile, see Part I–A, supra; children born here to foreign parents indeed were generally citizens, see e.g., ante, at 5, but that is because they were generally domiciled here, see Part I–A, supra; and citizenship did indeed almost always follow birthplace, see, e.g., ante, at 8–9, but that is because birthplace almost always followed domicile, see Part I–A, supra.

slip opinion, revised 7/01/26
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