Trump v. Barbara · ¶431
In Britain, the rule of birthright subjecthood was part of the common law and thus could be changed by Parliament whenever it chose. If the rule was transplanted across the Atlantic, would it have a similar status here? Would it be part of the common law that state legislatures or courts could alter or abandon? See Van Ness v. Pacard, 2 Pet. 137, 144 (1829) (Americans adopted “only that portion [of the common law] which was applicable to their situation”).Read in context ›
slip opinion, revised 7/01/26
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