Trump v. Barbara · ¶71

If Congress intended to hinge citizenship on each individual’s domicile—a question that “is sometimes a matter of great difficulty to decide,” Story §45, at 43—it is reasonable to expect there would have been at least some discussion of the topic. Yet the word “domicile” appears just twice in the discussion of the relevant provision of the Civil Rights Act. See Cong. Globe, 39th Cong., 1st Sess., at 1160 (Rep. Shellabarger); id., at 1117 (Rep. Wilson). And it appears in only one speech from the Citizenship Clause debates—as part of an explanation of why State citizenship is distinct from national citizenship under the Constitution. See id., at 3031– 3032 (Sen. Henderson).

slip opinion, revised 7/01/26
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