The 6-3 SCOTUS decision in Trump v. Barbara [2026], the case re: Trump's E.O. to end birthright citizenship misread the language of the 14th Amendment's clause 1, called the "citizenship clause." The 14A was ratified in 1868, after its introduction to the Senate by Senator Jacob Howard [R-IL] in 1866. It reads
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
They also ignored that their interpretation is based on a misinterpretation by the Fuller Court in the case, United States v Wong Kim Ark [1898]. Both the Fuller and Roberts Courts misunderstood what was domicile law from the Naturalization Act of 1790, and older English common law shortly developed after the Magna Carta in 1215. This is truly ancient law, but still binding law as of 1868, and until the flaws 1898/2026.
And many of you are schoolchildren who think historic law is, well, histrionic, but not relevant today. In a word: you're wrong.
In English common law, citizenship of England was coincident, virtually identical to domicile; the legal term for having a permanent residence, a "home." If one had a permanent home in England, one was a bona fide citizen of England. As the early colonists of what became America were primarily British citizens, they were citizens of the same, having started a colony by the immigrants of the Mayflower in 1620, and they brought this common law with them to govern the Colonies: domicile = citizenship. They were, in every way, "subject to the jurisdiction of" the English King. Advance to 1776, when the Colonies declared their independence from England. They became their own sovereignty: the United States of America. All white men who had a permanent domicile in a Colony/State were citizens.
Advance to 1790, the declared States were near the close of their effort to establish the Constitution. In that year, the Continental Congress established the 1790 Naturalization Act, which had three primary statutes:
1. All white residents with a permanent domicile of at least two years of residence therein, and of good character, were citizens of the United States.
2. All naturalized white residents with a permanent domicile, of at least two years of residence therein, and of good character were citizens of the United States.
3. All children of white citizens, and naturalized white citizens with a permanent domicile and of at least two years' residence in the U.S., and of good character, were citizens of the United States.
Observe, again, the necessity of a permanent domicile. In 1795, the two-year minimum was extended to five years.
Advance to 1866 and Jacob Howard's introduction of the 14th Amendment, only the fourth since 1790's coincident ratification of the Constitution with the Bill of Rights, so this amendment business was still relatively revolutionary congressional action. However, Jacob Howard was well aware of the conditions of necessary permanent domicile as a necessity for citizenship, and the newly ratified 13th Amendment, freeing the slaves, allowed them to acquire permanent domicile and gave citizenship to them not even one year previous. Congress did not need a description of these necessities of permanent domicile, nor a clarification of what "subject to the jurisdiction of the United States" meant in composing the 14A. Both were settled law for 76 years, at least.
Let's review, again, since the Fuller Court ignored it, as well as the recent Roberts Court with three exceptions [Thomas, Alito, and Gorsuch] earlier this year.
The 14A citizenship requirement was stipulated as a two-factor requirement, not just one:
1. "All persons born or naturalized in the United States, and
2. subject to the Jurisdiction thereof"
This is a matter of understanding detailed English grammar, namely, the function of those damn little conjunctions, like "and." Speed reading easily overlooks them, but, legally, they have value and precedence of their own. Justice Clarence Thomas is the only Justice on the Roberts Court with an English degree.
In 1866, because the necessity of permanent domicile was still an active legal statute to earn citizenship, along with a residency minimum and naturalization for immigrants and their children, these details were not deemed necessary to include in the amendment. As said, it was already codified federal law.
Advance to today. The 14A is still in force as originally ratified. Federal immigration law still stands, based on the necessity of permanent domicile as in 1790. Illegal migrants are subject to U.S. law for violation of law upon entry into the U.S. However, by breaking the law by their illegal entry, they should not be considered "of good character," nor do they have a permanent domicile. If they have an American sponsor with whom they will live, the permanent domicile belongs to the sponsor, not the migrant[s]. And, having no domicile, their country of sovereignty is that from which they came, not the U.S. Therefore, children born to these migrants while in the U.S. are also subject to their parents' nation of sovereignty, not the U.S. Birthright citizenship is not the law of the land. Whew! I beat the school bell.