Trump v. Barbara · ¶402

From 1866 until 1940, the statutory citizenship provision required that a person claiming citizenship based on birth in the United States be “not subject to any foreign power.” See 16 Stat. 144; 14 Stat. 27. That language from the Civil Rights Act, like the language of the Citizenship Clause, required that a person claiming citizenship have a domicile in the United States. See Part I–B–2–b, supra. So, both the statute and the Constitution required domicile until at least 1940. See Part I, supra.

slip opinion, revised 7/01/26
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