Trump v. Barbara · ¶55

At issue was the citizenship of Wong Kim Ark, born in San Francisco to Chinese parents. See id., at 652. In Wong’s telling, the case was not close. “[T]here can be no just doubt,” he argued, “that the Amendment was intended to be based upon the doctrine derived from the common law, that the character of a natural born citizen is incidental to birth only.” Brief for Appellee in United States v. Wong Kim Ark, O. T. 1896, No. 132, p. 78 (filed by Counselor Ashton); see also id., at 38 (discussing “the celebrated case of Lynch vs. Clark”). The Government disagreed. It admitted that “the opinions of the Attorneys-General, the decisions of the Federal and State courts, and, up to 1885, the rulings of the State Department all concurred in the view that birth in the United States conferred citizenship,” based on “the common law doctrine of allegiance” and “the authority of the decision of…

slip opinion, revised 7/01/26
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