Trump v. Barbara · ¶399

The Court ultimately denigrates the evidence in support of my position as “scant.” Ante, at 18. I see it differently. The Court cites little evidence from the Reconstruction Congress that gave us the Citizenship Clause. And, its other 19th-century evidence is slim in comparison. As for the evidence in support of my position, it is substantial. Representative Bingham, the architect of the Fourteenth Amendment, believed that the Citizenship Clause would not apply to the children of temporary visitors. Senator Trumbull, a principal champion of the Amendment, agreed. Jacob Howard, who introduced the Citizenship Clause, agreed. Congressman after Congressman during the legislative debates agreed. Congress in 1870 agreed. President Grant’s Attorney General agreed. President Grant’s Attorney General before that agreed. The Supreme Court in 1873 agreed. State legislatures agreed. Executive…

slip opinion, revised 7/01/26
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