Trump v. Barbara · ¶43

The limits of that exception were carefully defined. Still within the United States’ power were the “private individuals” of a foreign nation who had “spread themselves through [our territory] as business or caprice may direct.” Id., at 144. “[I]t would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction,” Chief Justice Marshall explained, “if such individuals or merchants . . . were not amenable to the jurisdiction of the country.” Ibid. “Nor can the foreign sovereign have any motive for wishing such exemption,” he continued, with respect to its sojourning subjects who were “not employed by” the sovereign or “engaged in national pursuits.” Ibid. Just like jus soli, a sovereign’s jurisdiction made no exception for those only temporarily present within the sovereign’s territory. Instead, nearly everyone within the territorial boundaries…

slip opinion, revised 7/01/26
Source edition
Passage preview. Read in context for the complete text, notes and references.