Trump v. Barbara · ¶493

As for the phrase “not subject to any foreign power” in the Civil Rights Act, Wong Kim Ark tries two different tacks. First, it suggests that the phrase means the same thing as “subject to the jurisdiction thereof ” in the Fourteenth Amendment. See 169 U. S., at 675. But if, as the opinion maintains, “subject to the jurisdiction thereof ” essentially means subject to civil and criminal liability for breaking the law, see id., at 685–687, then “subject to the jurisdiction thereof ” does not mean the same thing as “not subject to any foreign power.” Everyone within the country’s borders (except those with diplomatic immunity) may be held civilly or criminally liable for violations of the law. But many aliens within our territorial limits are also “subject to [a] foreign power,” i.e., their home country, because they must follow that country’s laws when they are abroad. Some…

slip opinion, revised 7/01/26
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