Trump v. Barbara · ¶78

In the end, it is the dissent in Wong Kim Ark that makes the strongest case for a domicile-based theory of American citizenship. There, Chief Justice Fuller resisted the application of the English common law rule because it “recognized no exception in the instance of birth during the mere temporary or accidental sojourn of the parents.” 169 U. S., at 718. He admitted that, in England, “the question of domicil[e] is entirely distinct from that of allegiance” because “[t]he one relates to the civil, and the other to the political, status.” Ibid. But he believed that “a different view as to the effect of permanent abode on nationality ha[d] been expressed in this country.” Ibid. Under this different view, the Fourteenth Amendment “prevent[ed] the acquisition of citizenship by” “the children of aliens, whose parents owed local and temporary allegiance merely, remaining subject to a foreign…

slip opinion, revised 7/01/26
Source edition
Passage preview. Read in context for the complete text, notes and references.