Trump v. Barbara · ¶58

Justice Gray then turned to Schooner Exchange to confirm what the common law made clear. “The words . . . ‘subject to the jurisdiction thereof,’” he wrote, “must be presumed to have been understood and intended by the Congress . . . in the same sense in which the like words had been used by Chief Justice Marshall in the well known case of The Exchange.” 169 U. S., at 687. On that understanding, aliens who traveled to the United States for “business or pleasure” received no “exemption from the jurisdiction of the country.” Id., at 686. To the contrary, they were subject to that jurisdiction for as long as they remained here—and any children born to them were American citizens under the Fourteenth Amendment. See id., at 682–688.

slip opinion, revised 7/01/26
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