Trump v. Barbara · ¶405
The Nationality Act’s citizenship provision codified the Civil Rights Act’s “not subject to any foreign power” requirement and the Citizenship Clause’s “subject to the jurisdiction” requirement. It did so by borrowing language from the Citizenship Clause, which granted citizenship to all persons “born in the United States, and subject to the jurisdiction thereof.” 54 Stat. 1138. By using language that tracked the Citizenship Clause, Congress did not clearly change the law. “It would be surprising to discover that Congress departed from the constitutional standard by enacting the exact constitutional language.” S. Menashi, The Birthright Citizenship Debate, 49 Harv. J. L. & Pub. Pol’y 301, 313 (2026).Read in context ›
slip opinion, revised 7/01/26
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