Trump v. Barbara · ¶432

Alternatively, did the rule have some status under federal law? Numerous provisions of the Constitution use the term “citizen.” See Art. I, §2, cl. 2 (qualifications of Members of the House of Representatives); Art. I, §3, cl. 3 (qualifications of senators); Art. II, §1, cl. 5 (Presidential eligibility); Art. III, §2, cl. 1 (subjects of jurisdiction); Art. IV, §2, cl. 1 (privileges and immunities). Did all these provisions incorporate the British rule of birthright subjecthood?

slip opinion, revised 7/01/26
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