Amicus Curiae Brief — Donald J. Trump, President of the United States, et al., Petitioners v. Barbara, et al.

Supreme Court briefFeb 25, 2026

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No. 25-365

IN THE

Supreme Court of the United States

____________________

DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES,

ET AL.,

Petitioners,

v.

BARBARA, ET AL.,

Respondents.

____________________

On Writ of Certiorari Before Judgment to the

United States Court of Appeals for the

First Circuit

____________________

BRIEF OF CHINESE AMERICAN LEGAL

DEFENSE ALLIANCE AS AMICUS CURIAE

IN SUPPORT OF RESPONDENTS

____________________

JUSTIN SADOWSKY

Counsel of Record

CHINESE AMERICAN LEGAL

DEFENSE ALLIANCE

4250 N. Fairfax Drive #600

Arlington, VA 22203

justins@caldausa.org

(646) 785-9154

i

TABLE OF CONTENTS

TABLE OF CONTENTS .............................................i

TABLE OF AUTHORITIES ..................................... iii

INTEREST OF THE AMICI CURIAE ...................... 1

The Chinese American Legal Defense

Alliance........................................................... 1

SUMMARY OF ARGUMENT ................................... 2

ARGUMENT .............................................................. 4

I.

Chinese migration to the United States

begins to grow in the mid-19th century. ........ 4

II. Congress passes the Citizenship Clause

over racist anti-Chinese objections ............... 9

A. Congress passes the Civil Rights

Act of 1866, including Chinese

children in citizenship .......................... 9

B. Congress passes the Fourteenth

Amendment, including Chinese

children within citizenship ................ 11

III. Anti-Chinese lawyers attempt to

relitigate the Citizenship Clause ................ 12

A. Chinese migration and antiChinese racism rise ............................ 12

ii

TABLE OF CONTENTS

B. Wharton uses anti-Chinese

arguments in support of the

new international law concept

of jus sanguinis

............................. 15

C. Morse sees an opportunity in rising

anti-Chinese sentiment ...................... 20

D. George Collins takes anti-Chinese

racism to the Supreme Court ............. 26

IV. The Government is simply recycling the

losing arguments of Wharton, Morse, and

Collins........................................................... 31

CONCLUSION......................................................... 33

APPENDIX (Table comparing citations in Wong

Kim Ark to citations in petitioner’s brief)........... 1a

iii

TABLE OF AUTHORITIES

CASES

Contzen v. United States, 179 U.S. 191

(1900) .................................................................. 26

Dred Scott v. Sandford, 60 U.S. (19

How.) 393, 15 L. Ed. 691 (1856) ......................... 31

Hurd v. Hodge, 334 U.S. 24 (1948).......................... 11

Iannelli v. United States, 420 U.S. 770

(1975) .................................................................. 16

In re Ah Yup, 1 F. Cas. 223 (C.C.D. Cal.

1878).................................................................... 20

In re Look Tin Sing, 21 F. 905 (C.C.D.

Cal, 1884) .......................................... 24, 25, 26, 31

In re Wong Kim Ark, 71 F. 382 (N.D.

Cal. 1986) ............................................................ 29

Jones v. Alfred Mayer Co., 392 U.S. 409

(1968) .................................................................. 11

Korematsu v. United States, 323 U.S.

214 (1944) ........................................................... 33

People v. Hall, 4 Cal. 399, 404 (1854) ....................... 6

Plessy v. Ferguson, 163 U.S. 537 (1896) ............ 14, 21

Shen v. Fla. Commissioner of

Agriculture, 158 F.4th 1227 (11th

Cir. 2025) .............................................................. 4

State of Missouri ex rel Carey v.

Andriano, 138 U.S. 496 (1891) ........................... 26

iv

Terrace v. Thompson, 263 U.S. 197

(1923) .................................................................... 4

Trump v. Hawaii, 585 U.S. 667 (2018) ................... 33

United States v. Wong Kim Ark, 169

U.S. 649 (1898) ....................... 3, 18, 20, 31, 32, 33

STATUTES

Act of Apr. 29, 1902, 32 Stat. 176 (1902) ................ 14

Act of July 4, 1864, ch. 246, 13 Stat. 385

(1864) .................................................................... 8

Act of Feb. 19, 1862, ch. 27, 12 Stat. 340

(1862) .................................................................... 8

Burlingame Treaty, U.S.-China, July

28, 1868, 16 Stat. 739 ....................................... 8, 9

Chinese Exclusion Act of 1882, ch. 126,

22 Stat. 58 (1862) ............................. 13, 14, 19, 29

Pacific Railroad Act of 1862 , ch. 120, 12

Stat. 489 (1862) .................................................... 8

Geary Act, 27 Stat. 25 (1892) .................................. 13

U.S. Const. amend. XIV, §1 ....................................... 1

TREATISES

Alexander Porter Morse, A Treatise on

Citizenship, 248 (1881) .......................... 22, 23, 24

Francis Wharton, Digest of the

International Law of the United

States, 461 (1886) ............................................... 13

v

Francis Wharton, Treatise on the

Conflict of Laws, or Private

International Law, including a

Comparitive View of AngloAmerican, Roman, German, and

French Jurisprudence (1872) ....................... 17, 18

Francis Wharton, Treatise on the

Conflict of Laws, or Private

International Law, including a

Comparitive View of AngloAmerican, Roman, German, and

French Jurisprudence (2nd ed. 1881) ... 18, 19, 20,

21, 22

John Westlake, Treatise on

International Law, 5 (1858) ......................... 15, 22

OTHER AUTHORITIES

Alexander Morse, De l’acquisition de la

Nationalite aux Etats-Unis, Journal

du 'Droit International Prive et de la

Jurisprudence comparer 32 (1887) ............. 25, 26

Alexander Morse, Letter to Editor:

Citizenship of Children of Aliens

Born in the United Statess, 30 Alb.

L.J. 401 (1884) .............................................. 24, 25

Alexander Morse, Natural-Born Citizen

of the United States, 66 Alb. L.J. 99

(1904) .................................................................. 24

vi

Anna O. Law, Migration and the

Origins of American Citizenship:

African Americans, Native

Americans and Immigration 41

(Oxford University Press) (pub.

forthcoming 2026) ................................... 5, 6, 7, 13

Annuaire l'Inst de Droit Int'l , xiv (1877)

[1994] .................................................................. 16

Bernadette Meyler, The Gestation of

Birthright Citizenship, 1868-1898:

States’ Rights, The Law of Nations,

and Mutual Consent 521,

Georgetown Univ. L.J. Vol. 15 (2001) .................. 8

Brief Amici Curiae of Senator Ted Cruz,

et al. in Support of Petitioners,

Trump v. Barbara, No. 25-365 (U.S.

Jan. 28, 2026). .......................................... 2, 29, 32

Brief for Petitioner, Trump v. Barbara,

No. 25-365 (U.S. Sep. 26, 2025) .............. 2, 26, 32

Brief of Respondents, Trump v.

Barbara, No. 25-365 (U.S. Oct. 29,

2025) ..................................................................... 9

Brief for the United States, United

States v. Wong Kim Ark, 169 U.S.

649, No. 132 (1898) .......................... 18, 20, 30, 32

Caroline Jordan, Remaking Life: The

Culture of Chinese Transcontinental

Railroad Workers 1, The Purdue

Historian Vol. 12, art. 3 (2025) ............................ 6

Cong. Globe, 1st Sess. 39th Cong.

(1866). ................................................. 9, 10, 11, 12

vii

George Collins, Are Persons Born

Within the United States Ipso. Facto

Citizens Thereof?, 18 Am. L. Rev. 831

(1884) ........................................................... 27, 28

George Collins, Citizenship by Birth, 29

Am. L. Rev. 385 (1895) ...................................... 29

Helen Elizabeth Moore, Francis

Wharton: A Memoir (1891) ................................. 16

Henry M. Field, The Life of David Dudley Field (1898) .................................................. 22

Kerry Abrams, Polygamy, Prostitution,

and Federalization 105 Colum. L.

Rev. 641 (2005) ......................................... 5, 6, 7, 8

Lea VanderVelde & Gabriel J. Chin,

Sowing the Seeds of Chinese

Exclusion As the Reconstruction

Congress Debates Civil Rights

Inclusion 25 UCLA Asian Pacific

Am. L.J. Vol. 29 (2021) ............................... 5, 8, 14

Lucy Salyer, Wong Kim Ark: The Contest Over Birthright Citizenship, Immigration Stories 51 (2005) ......................... 27, 29

Michael Lao, When an American Town

Massacred its Chinese Immigrants,

The New Yorker (Mar. 3, 2025),

https://www.newyorker.com/magazine/2025/03/10/when-an-americantown-massacred-its-chinese-immigrants. ................................................................ 14

viii

Reply Brief for the United States,

United States v. Wong Kim Ark, 169

U.S. 649, No. 119 (1898) .................................... 30

Sam Erman & Nathan Perl-Rosenthal,

Jus Soli Nation to Jus Soli Evasion:

International Lawyers for White

Supremacy and the Road through

Wong Kim Ark, 3 J. Am. Const. Hist.

615 (2025) ............................. 15, 20, 21, 22, 23, 27

Terry E. Boswell, A Split Labor Market

Analysis of Discrimination Against

Chinese Immigrants, 1850-1882, 51

Am. Socio. Rev. 352 (1986) ............................... 4, 5

1

INTEREST OF THE AMICI CURIAE1

The Chinese American Legal Defense Alliance

The Chinese American Legal Defense Alliance was

founded in 2021 by several Chinese-American lawyers, who having beaten back the Government’s attempt to ban the Chinese communications app

WeChat, saw a need for a civil rights organization that

could combat racial discrimination and hate crimes

through strategic legal action. CALDA has since become a leading force nationwide for civil rights for

Chinese Americans and for all Americans. It has challenged the harm caused by the Government’s “China

Initiative” unfairly targeting and prosecuting Chinese-American professors and scientists. It also challenged the Government’s recent attempt to cancel en

masse foreign students’ rights to study at American

schools, disproportionately targeting Chinese students. And it has brought lawsuits against state laws

trying to resurrect the racist alien land laws of the late

19th and early 20th century, as well as state laws prohibiting Chinese scholars and students from engaging

in paid academic opportunities.

1 No counsel for any party authored this brief in whole or in part,

and no person or entity other than amici and their counsel funded

its preparation or submission.

2

SUMMARY OF ARGUMENT

The Government claims the mantle of original understanding by citing a number of post-ratification articles that it claims show that “[c]ontemporary commentators” understood that the meaning of the Citizenship Clause excluded “temporarily present aliens.”2 Most prominently, they rely on two Democratic

lawyers, Francis Wharton and Alexander Porter

Morse, who were writing about 15 years after Congress passed the language of the Citizenship Clause

in 1866. The Amicus Brief of Senator Ted Cruz relies

on a third lawyer, George Collins.3 But those lawyers

were not merely interpreting the Citizenship Clause.

Instead, relying on decidedly non-originalist arguments based on policy and evolving international law,

these lawyers were trying to weaponize anti-Chinese

racism in order to relitigate the very passage of the

Citizenship Clause.

Chinese-Americans have a long history in this

country. They first arrived in large numbers in the

1800s, driven by poverty at home and opportunity in

the United States. They arrived poor and in debt.

They provided the engine of labor to the American

economy, including most famously building the railroad system that connected Americans personally and

2 See Petitioner’s Brief at 25-28.

3 Cruz Brief at 16.

3

economically. Meanwhile, they were increasingly

hated by a populace that saw them as foreigners, pagans, and barbarians. They were seen as transient migrants, rather than American immigrants. They were

discriminated against legally, including being subjected to a complete immigration ban. They suffered

terrible violence.

Anti-Chinese hatred was still in its early stages

when the Citizenship Clause passed Congress in 1866.

Though some Senators specifically opposed the Citizenship Clause on the basis that Chinese people born

in the United States should not be granted citizenship, its proponents defended the Clause’s breadth

and affirmed that Chinese people born in the United

States would indeed be natural born citizens.

A decade and a half later, three lawyers—Francis

Wharton, Alexander Porter Morse, and George Collins—tried to ride the rising tide of anti-Chinese animus to relitigate the meaning of the Citizenship

Clause. Relying on new theories of international law

and anti-Chinese policy arguments, the arguments of

these three lawyers were unoriginalist. They were

racist. And, in Wong Kim Ark, these arguments ultimately lost. Like Congress, this Court determined not

to draw a race line in the Fourteenth.

This Court should not allow the writings of antiChinese racists of the late 19th Century to harm the

4

rights of Chinese and other people here in the United

States today by adopting their reasoning. After all, if

anti-Chinese scholarship can be laundered into the

Constitution in this case, it can in other civil rights

cases, including ones challenging the newly revived

alien land laws. See Shen v. Fla. Commissioner of Agriculture, 158 F.4th 1227, 1269-70 (11th Cir. 2025)

(Wilson, J., dissenting) (criticizing the majority for upholding the continued validity of Terrace v. Thompson,

263 U.S. 197 (1923), which was part of a disgraced history of restricting the rights of Asians in the United

States).

ARGUMENT

I.

Chinese migration to the United States begins to grow in the mid-19th century.

In the late 1840s, desperate economic conditions at

home and the prospect of gold in the American west

drove thousands of Chinese migrants to seek opportunity in California.4 Most had no money to fund the

trip and were forced to take out passage loans; these

loans required them to repay as much as $100 for a

4 Terry E. Boswell, A Split Labor Market Analysis of Discrimina-

tion Against Chinese Immigrants, 1850-1882, 51 American Sociological Review, 352, 357 (1986).

5

$40 ticket.5 Trapped in contract labor, Chinese migrants worked for pennies to pay off their debt.6 By

1852, more than 20,000 Chinese immigrants had arrived on the west coast, up from 2,700 the year before.7

White gold miners, threatened by the influx of cheaper

labor, rioted. After a recession in 1853 tanked gold

prices, white miners drove many Chinese immigrants

out of their leases altogether.8

Chinese migrants crashed against an increasingly

hostile west coast throughout the 1850s and 60s.

White miners and railroad workers would even form

anti-Chinese clubs.9 In the face of legal discrimination

and a lack of citizenship, Chinese workers were confined to certain jobs, including hard labor, cooking,

and laundry services,.10 In 1852, California passed a

law requiring Chinese miners to purchase a $3 license, without which they could not even challenge

Id.

Id.

7 Id. at 356.

8 Id.

9 Kerry Abrams, Polygamy, Prostitution, and Federalization

105 Columbia Law Review 641, 651 (2005).

10 Lea VanderVelde & Gabriel J. Chin, Sowing the Seeds of Chinese Exclusion As the Reconstruction Congress Debates Civil

Rights Inclusion, 25 UCLA Asian Pacific American Law Journal

Vol. 29, 39-40 (2021).

5

6

6

the law in the courts.11 In 1854, the California Supreme Court expanded a state law barring African

Americans from testifying for or against a white person to include Chinese citizens, who the court labeled

“a race of people whom nature has marked as inferior,

and who are incapable of progress or intellectual development beyond a certain point.”12 Laws like this in

California and elsewhere led to attacks on Chinese

workers, who had no effective recourse to justice given

this inability to access the courts.13

White people in the U.S. looked down on these indentured migrant workers as “coolies,” Chinese peasants who were supposedly willing to submit themselves to a kind of slavery and who, therefore, could

never be capable of participation in democratic society.14 Because of the high cost of travel and harsh labor conditions, most Chinese workers in the U.S. at

the time were men. In 1852, of 2,954 Chinese people

11 Anna O. Law, Migration and the Origins of American Citizen-

ship: African Americans, Native Americans and Immigration

41-43 (Oxford University Press) (pub. forthcoming 2026), at

157.

12 People v. Hall, 4 Cal. 399, 404-05 (1854).

13 Caroline Jordan, Remaking Life: The Culture of Chinese Transcontinental Railroad Workers 12 The Purdue Historian 1, 5-6

(2025).

14 Abrams, above note 9, at 658-59.

7

in San Francisco, only 19 were women.15 When Chinese women did arrive, locals characterized them all

as second wives, concubines, and prostitutes, just as

prone to voluntary slavery as Chinese men.16 California and other states effectively banned all female Chinese migration by prohibiting prostitution and polygamy and then overenforcing the laws to apply to all

Chinese women.17

Throughout the 1850s and 60s, California, Oregon,

and Washington passed more statutes targeting Chinese immigrants, ranging from manifest, bond, and

approval requirements for ship captains bringing Chinese migrants to the U.S., to strict Chinese immigration bans.18 In 1862, the California legislature commissioned a study to answer the “Chinese question.”

When the study concluded Chinese workers provided

an economic benefit to the state, the legislature disregarded it and passed “An Act to protect Free White

Labor against competition with Chinese Coolie Labor,

and to Discourage the Immigration of the Chinese into

the State of California” which required migrants to

pay a $2.50 per month “Chinese Police Tax.”19

15 Id. at 649.

16 Id. at 652-53.

17 Id. at 651-53.

18 Law, above note 10, at 157-58.

19 Id.

8

At the federal level, the U.S. government initially

welcomed the influx of low-cost Chinese workers, but

its support was fickle. In February 1862, Congress

passed the Anti-Coolie Act, hoping to quell the flow of

immigrants by prohibiting the passage loans that

brought so many Chinese migrants to the U.S.20 A few

months later, however, in the heat of the Civil War,

Congress passed the Pacific Railroad Act of 1862, authorizing construction of the transcontinental railroad

to begin on the west coast.21 Realizing construction

would require an immense labor force, and eyeing a

lucrative trade route for Asian goods, Congress reauthorized immigration recruitment through the passage loans and indentured servitude it had just outlawed two years earlier.22 In the end, 90 percent of the

workers who built the Central Pacific Railroad were

Chinese.23 Congress ultimately replaced the servitude

authorization four years later with the Burlingame

Treaty, under which China received “most favored nation” trade status in exchange for unrestricted immigration to America for its citizens.24 Though the

20 12 Stat. 340.

21 12 Stat. 489.

22 VanderVelde & Chin, above note 11, at 43-45.

23 Abrams, above note 9, at 649.

Bernadette Meyler, The Gestation of Birthright Citizenship,

1868-1898: States’ Rights, The Law of Nations, and Mutual

Consent 521, Georgetown University Law Journal Vol. 15:519

(2001); see also Act of July 4, 1864, 13 Stat. 385 (repealed 1868).

24

9

Treaty recognized “the inherent and inalienable right

of man to change his home and allegiance,” whether

for “curiosity … trade … or permanent residents,” the

U.S. government withheld any path to citizenship for

Chinese immigrants.25

II.

Congress passes the Citizenship Clause

over racist anti-Chinese objections.

A.

Congress passes the Civil Rights Act of

1866, including Chinese children in citizenship.

As other briefs document in more detail, the precursor to the Fourteenth Amendment’s Citizenship

Clause was part of the Civil Rights Act of 1866.26 Some

of the opposition, led by Senators Edgar Cowan, Garrett Davis, and George Williams, invoked anti-Chinese sentiment as a means of attacking the breadth of

the citizenship provisions in the Act. Senator Cowan

asked if the law will “not have the effect of naturalizing the children of Chinese and Gypsies born in this

country?”27 When Senator Lyman Trumbull responded “[u]ndoubtedly,” Cowell responded by protesting that “the day may not be very far distant

when California, instead of belonging to the IndoEuropean race, may belong to the Mongolian, may

25 Burlingame Treaty, July 28, 1868, U.S.-China, 16 Stat. 739.

26 See, e.g., Brief of Respondents at 17-20.

27 See Cong. Globe, 1st Sess. 39th Cong. 498 (Jan. 30, 1866).

10

belong to the Chinese.”28 “I cannot consent to say

that California, or Oregon, or Colorado, or Nevada,

or any of those States shall be given over to an

irruption [sic] of Chinese.”29

Senator Davis was even more vocal: “I deny that a

single citizen was ever made by one of the States out

of the negro race. I deny that a single citizen was ever

made by one of the States out of the Mongolian race. I

controvert that a single citizen was ever made by one

of the States out of the Chinese race, out of the Hindoos, or out of any other race of people but the Caucasian race of Europe.”30 “[N]one of the inferior races

of any kind were intended to be embraced or were embraced by this work of government in manufacturing

citizens.”31 “Does the honorable Senator from Illinois

[Trumbull] mean to assume the position that he declared with so much distinctness and emphasis a day

or two ago, that everybody born in the United States

is a citizen?”32 Senator Williams then asked rhetorically if “negroes and Indians and Chinese and all persons of that description shall be eligible to the office of

President,”33 before Senator Davis again complained

28 Id.

29 Id. at 499.

30 Id. 523 (Jan. 31, 1866).

31 Id.

32 Id.

33 Id. 573 (Feb. 1, 1866)

11

that “[w]hen a negro or Chinaman is attempted to

be obtruded into [our system of government], the

sufficient cause to repel him is that he is a negro

or Chinaman.”34

President Johnson’s (overridden35) veto of the Act contained more of the same. “This provision comprehends

the Chinese of the Pacific States, Indians subject to

taxation, the people called Gypsies, as well as the entire race designated as blacks, people of color, negroes,

mulattoes, and persons of' African blood. Every individual of those races, born in the United States, is by

the bill made a citizen of the United States.”36 It was

not meant as a compliment.

B.

Congress

passes

the

Fourteenth

Amendment, including Chinese children within citizenship.

After passage of the Act, some members of Congress moved to amend the Constitution, in part to

eliminate any doubts about the Act’s constitutionality.37

The debates were much the same. For instance,

Senator Cowan, now rhetorically, asked once again

34 Id. 575.

35 See Jones v. Alfred Mayer Co., 392 U.S. 409, 435 (1968).

36 Cong. Globe, 1st Sess. 39th Cong. at 1679 (Mar. 27, 1866).

37 Hurd v. Hodge, 334 U.S. 24, 32-33 (1948).

12

“[i]s the child of the Chinese immigrant in California

a citizen? Is the child of a Gypsy born in Pennsylvania

a citizen?”38 Do “they have any more rights than a sojourner in the United States?”39

Senator Conness ultimately responded that “in

that respect to the children begotten of Chinese parents in California, and it is proposed to declare that

they shall be citizens. We have declared that by law;

now it is proposed to incorporate the same provision

in the fundamental instrument of the nation.”40 Conness explained, under the Fourteenth Amendment,

that “the children of all parentage whatever, born in

California, should be regarded and treated as citizens

of the United States.”41

III.

Anti-Chinese lawyers attempt to relitigate

the Citizenship Clause.

A.

Chinese migration and anti-Chinse

racism rise.

After the Fourteenth Amendment became law,

Chinese migration continued to increase. By 1880,

38 Cong. Globe, 1st Sess. 39th Cong. at 2890 (May 30, 1866).

39 Id.

40 Id. at 2891.

41 Id.

13

nearly 140,000 Chinese people lived in the U.S.42 Hostility and legal discrimination also continued to increase. In 1874, in President Grant’s Sixth Annual

Message, he complained that Chinese people in the

United States do not “perform any honorable labor,

but they are brought for shameful purposes, to the

disgrace of the communities where settled, and to

the great demoralization of the youth of those localities.”43 In 1880, the U.S. entered into a new treaty permitting it to limit or suspend Chinese immigration.44

Two years later, Congress passed the Chinese Exclusion Act, barring any new Chinese migrants from entering the country for 10 years, and asserting that the

migration of Chinese laborers to the U.S. “endangers

the good order” of the nation.45 The next year, President Arthur used part of his Third Annual Message to

complain China was violating the Exclusion Act.46 In

1892, the Geary Act extended exclusion for another 10

years, and required all Chinese people to register with

the federal government, with stiff penalties for any

who could not prove they had complied.47 In 1902,

42 Law, above n. 11, at 156.

43 From Francis Wharton, Digest of the International Law of the

United States 461 (1886) (“Wharton’s Digest”).

44 Law, above n. 11 at 257.

45 Act of May 6, 1882, 22 Stat. 58.

46 Wharton’s Digest, above n. 40, at 469.

47 27 Stat. 25 (1892).

14

Congress made the Chinese Exclusion Act permanent.48

Meanwhile, anti-Chinese violence and sentiment

continued to flourish. In 1885, for instance, the Rock

Springs Massacre saw white miners kill at least 28

Chinese immigrants and burn down the town’s entire

Chinese quarter.49 Violence like this was made all the

worse due to the incapacity, as noted above, of Chinese

people to act as witnesses in court against white assailants.

Even those otherwise on the right side of history gave

in to anti-Chinese racism, In his Plessy v. Ferguson

dissent, Justice Harlan noted that “[t]here is a race so

different from our own that we do not permit those belonging to it to become citizens of the United States.

Persons belonging to it are, with few exceptions, absolutely excluded from our country. I allude to the Chinese race.”50

Chinese immigrants remained excluded from naturalization until 1943.51

48 Act of April 29, 1902, 32 Stat. 176.

49 Michael Lao, When an American Town Massacred its Chinese

Immigrants, The New Yorker (Mar. 3, 2025), available at

https://www.newyorker.com/magazine/2025/03/10/when-anamerican-town-massacred-its-chinese-immigrants.

50 163 U.S. 537, 561 (1896).

51 VanderVelde & Chin, above note 10, at 523-25.

15

B.

Wharton uses anti-Chinese arguments

in support of the new international law

concept of jus sanguinis.

At around the same time the 14th Amendment was

passed, Europe itself debated the definition of citizenship. In 1858, Cambridge Professor John Westlake

noted that there was “‘no rules of quite universal acceptance’ for attributing nationality at birth,” but “the

mechanisms of birthplace and descent predominated.”52 A few years later, the French jurist Charles

Demolombe coined the terms jus sanguinis and jus

solis.53 As that debate occurred, a number of international law experts began pushing for a theory of citizenship based on jus sanguinis, often backed by xenophobic reasoning.54

Back in the States, and despite the language of the

1866 Act and the Citizenship Clause, several wellknown lawyers entered the fray in an attempt to make

jus sanguinis the law of the land. Why they did so, in

their heart of hearts, may be unclear. They may have

opposed the Reconstruction Amendments. They may

52 Sam Erman and Nathan Perl-Rosenthal, Jus Soli Nation to

Jus Soli Evasion: International Lawyers for White Supremacy

and the Road through Wong Kim Ark, 3 J. Am. Const. Hist. 615,

630 (2025) (“JACH”) (quoting John Westlake, A Treatise on the

International Law 5 (1858)).

53 Id. at 631.

54 Id. at 631-35, 637-39.

16

have simply believed that international law was

trending towards jus sanguinis and wanted the

United States to follow suit. They may have simply

hated foreigners. They may have been white supremacists. Ultimately, their motives are less important

than how they pressed their case.

Francis Wharton was already into his late 40s during the passage of the Fourteenth Amendment.55 A

Pennsylvania Democrat, he was a scholar, mostly

known for his contributions to criminal law.56 Still, he

had an interest in international law and relations. He

took a position as a claims examiner with the Department of State from 1885-1888, and was ultimately

elected to the Institute of International Law.57

He was also prone to the racial prejudices of the

Democratic party of the day. One contemporary describing him as “a Democratic in politics, of the old

States-rights school.”58 Though he was a Civil War unionist, he had “serious question how far immediate

emancipation would really help the colored race.”59

55 Helen Elizabeth Moore, Francis Wharton: A Memoir 7 (1891).

56 Id. at 16; Iannelli v. United States, 420 U.S. 770, 773-74 (1975).

1 Institut De Droit International: Annuaire xiv-xv (1994)

[1877]).

58 A Memoir, above n. 55, at 254 (1891).

59 Id.

57

17

Wharton took an interest in the meaning of citizenship in his Treatise on the Conflict of laws. And, although what he wrote was careful and concise—he

wrote general treatises, after all, rather than opinion

based articles—anti-Chinese sentiment seeped in.

Initially, in his attempt to reframe the Citizenship

Clause as espousing a theory of jus sanguinis, Wharton focused on the concept of domicile.60 For this approach to work within the framework of the Democratic political worldview that wanted to encourage

European (but not Asian) migration, he required a

view of birthright citizenship that included European

immigrants but excluded the Chinese. And so Wharton argued that Chinese people were insufficiently

“civilized” for Americans to tolerate them being

deemed domiciled in the United States.61 They “come

in vast masses, and are permitted by treaty to

disperse themselves over the whole land.”62 “To admit

such rights to an emigrating nation, would be not

merely to establish a foreign sovereign, but a foreign

60 Francis Wharton, Treatise on the Conflict of Laws, or Private

International Law, including a Comparative View of AngloAmerican, Roman, German, and French Jurisprudence 25-26

(1872).

61 Id.

62 Id.

18

barbarism, within our national domain.”63 So, Wharton theorized, citizenship must, at minimum, require

a domicile status that Chinese people could not attain:

“Undoubtedly, domicil must be the test, among Christian nations, so far as concerns the capacity to make

wills, and the law by which succession is governed.”

But the Chinese could be excluded based on the (racist) preconception that the Chinese themselves “regard themselves simply as strangers and sojourners.”64 This idea would later, in a way, find its way into

the briefing in United States v. Wong Kim Ark, 169

U.S. 649 (1898), where the Government argued that

“all Chinese persons, as a rule, are but temporary residents of this country,”65 even as it admitted that

Wong Kim Ark’s parents were domiciled in the United

States.66

Wharton evolved his Citizenship Clause arguments in his Treatise of the Conflict of Laws or Private

International Law.67 This evolution was likely based

on two likely problems with using domicile. First, the

phrase was simply not one present in the Citizenship

Clause. So, for instance, he admitted that the plain

63 Id.

64 Id.

65 Wong Kim Ark Brief for the United States at 26 (emphasis orig-

inal).

66 Id. at 3.

67 (2nd ed. 1881) (“Conflict of Laws 1881”).

19

language of the Amendment would permit “a child []

born in the United States of French parents temporarily resident but not domiciled in the place of birth” to

be deemed an American citizen.68 Second, Wharton

likely was aware that it may not always be possible to

divide European immigrants from Chinese ones forever on the mere basis of domicile. So instead, Wharton argued that the plain language of “subject to the

jurisdiction” should be construed in terms of the

(later-evolving, as noted above) “international law.”69

As for what international law required, Wharton went

on to admit that most Britain and France still followed

jus solis to at least some extent, but argued that because such citizenship was renounceable, it was based

on consent; and because minors could not consent, this

should be seen as citizenship by naturalization.70 This

worked better as a way to include Europeans but exclude the Chinese, as the United States had just recently re-excluded Chinese people from being able to

claim citizenship by naturalization.71 So the “Chinese

born of Chinese-non naturalized parents, such parents not being here domiciled, are not citizens of the

United States.”72 And because “only whites can be naturalized” under an 1804 statute, the Chinese were not

68 Id. at 32-34.

69 Id. at 34.

70 Id. 36-39 & n.2

71 Chinese Exclusion Acts, above n. 45.

72 Conflict of Laws 1881, above n. 67, at 41;

20

“comprehended within the federal naturalization statutes.”73 Wharton then went on to favorably cite antiChinese findings made in the House of Representatives, including that Chinese migrants were homeless,

unsanitary, baby-killers, and, unlike “[r]espectable

persons,” unafraid of punishment74. China was, in

Wharton’s words, a “semi-barbarous state[]” rather

than a “Christian state[].”75

Similarly, in his separate treatise International

Law Digest, Wharton stated that “Chinese also are

not citizens in the contemplation of the fourteenth

amendment, since they are not capable of naturalization under our system.”76

C.

Morse sees an opportunity in rising

anti-Chinese sentiment.

Alexander Porter Morse was a Louisiana Democrat and a confederate veteran.77 Like Wharton,

Morse was also interested in international law.78 A

73 Id.; see also In re Ah Yup, 1 F. Cas. 223 (C.C.D. Cal. 1878) (in-

terpreting naturalization law as limited to white people and excluding the Chinese)

74 Id. at 42-43 n.1.

75 Id. at 47.

76 (1881) at Vol. II 481; see also Wong Kim Ark Brief of United

States at 42 (citing Wharton).

77 JACH, above n. 52, at 622, 635.

78 Id. at 635-36.

21

white supremacist, he is perhaps most famous for being part of the team arguing Plessy v. Ferguson, 163

U.S. 537 (1896), for Louisiana, enshrining the doctrine

of separate but equal into our interpretation of the

Fourteenth Amendment for over 50 years.79 After the

Civil War, he returned to Louisiana, and soon became

something of an expert on international law.80 He rose

to prominence as an able lawyer on the legal team for

Democratic presidential candidate Samuel Tilden before the Electoral Commission.81 Then and later, he

became a well-known advocate for limiting the Reconstruction Amendments, often under the mantra of

states’ rights.82

Morse found within international law “opportunities

to relitigate aspects of the Civil War and its settlement.”83 This included the use of international law to

seek damages for Union appropriation and destruction of property.84 And it was especially true of adopting Wharton’s international theory of jus sanguinis.85

79 Id. at 655.

80 Id. at 617, 627.

81 Id. at 635.

82 Id. at 636.

83 Id.

84 Id.

85 Id.

22

Jus sanguinis was a relatively recent (or at least

recently popularized) concept in international law.86

And in the dispute between jus sanguinis and jus

solis, there was a movement to “create a global jus

sanguinis standard.”87 Among the leaders of that

movement were John Westlake, David Dudley Field

and Alexander Cockburn.88 These views were themselves seeped in a certain racism. For instance,

Westlake stated that jus sanguinis was preferrable

because doing so would match citizenship to a person’s

“mental and moral habits.”89 And Field was, like

Morse, an opponent of Reconstruction who believed in

the inherent inferiority of blacks.90

If there seemed to be a racial aspect to jus sanguinis, for Morse at least, that was the point.91 In 1881,

Morse wrote “A Treatise of Citizenship.”92 That treatise “mixed comparative and international law analy-

86 Id. at 637; see generally above at 15-16.

87 Id.

88 Id. 634-36; see also Appendix (showing Government here rely-

ing on these authors).

89 John Westlake, A Treatise on the International Law at 16

(1858).

90 See, e.g., Henry M. Field, The Life of David Dudley Field at

161, 166, 199-200, 265, 290 (1898).

91 JACH, above n.52, at 639.

92 (1881).

23

sis with racist arguments favoring disenfranchisement.”93 Adopting racist stereotypes, Morse referred

disparagingly to the “fecundity of the blacks,” for

which he stated emancipation had only increased.94

He warned about extending the vote to black people,

stating that there is a “danger to the republic as a result of the indiscriminate extension of the franchise to

ignorant and unqualified masses, whether white or

black, native or foreign.”95 He referenced favorably the

racist musings of another author, Page McCarty, as

having said that “one half of the dual character of

American citizenship was paralyzed, and he foreshadowed that under the care of the black nurse it would

cease to exist and slough off.”96 He further argued for

segregation,97 and for prohibiting interracial marriage

and criminalizing sex between people different

races.98

Morse was more outspoken in his formal writings

about his anti-black racism, but his views on the Chinese were no more enlightened. “The negro question—

so far, at least, as political status is concerned—has

been finally disposed of. But the Indian problem and

93 JACH, above n. 52, at 363.

94 Treatise on Citizenship, above n. 92, at 173

95 Id. at 214.

96 Id. at 183.

97 Id. at 253.

98 Id. at 253 (fornication) and 293 (marriage).

24

the Chinese question remain,” he wrote.99 Morse approved of laws prohibiting Chinese people from testifying where a white person is a party.100 In a later article he wrote in the Albany Law Journal in 1904, he

warned that if jus solis was used to determine citizenship, this would mean that a child of Chinese persons

born in the United States might one day rise to become President.101

Morse, like Wharton, was expressly not relying on

the original public meaning of the Citizenship clause.

After Wharton and Morse published their 1881 works,

Justice Stephen Field (the brother of David Dudley

Field) decided the U.S. Circuit Court case In re Look

Tin Sing, 21 F. 905 (D. Cal. 1884). That case, a habeas

case involving a Chinese petitioner born in California,

held the Chinese Exclusion Act inapplicable because

persons born in the United States were citizens, unless born on a public vessel, or to a diplomat, or unless

they renounce their citizenship. Id. at 906.

Look Tin Sing angered Morse. He wrote an 1884 letter to the Albany Law Journal lambasting the decision.102 There, he “conceded” “that the language of the

fourteenth amendment, which was under construction

99 Id. at Preface, xiv.

100 Id. at 253.

101 66 Alb. L. J. 99, 100 (1904).

102 30 Alb. L.J. 401 (1884).

25

in the case of Look Tin Sing, is very broad.”103 Still, he

argued that his position should be adopted under an

evolving understanding of the Constitution because,

evoking Wharton, “Citizenship” was “nowadays dependent upon choice rather than status.”104 Morse

suggested the Court ignore plain meaning of the Citizenship Clause in favor of evolving international law,

where “jus sanguinis” was “now universally accepted

by dominant northern [that is, European] States.”105

Indeed, Morse went on to argue that Courts should ignore outright the language of the “less carefully

worded” Fourteenth Amendment (compared to the

Civil Rights Act of 1866) and instead apply statutory

law from 1866: “The former makes citizenship (or national character) of children of aliens dependent upon

place of birth; the latter derives it, in case of children

of citizens, from parentage.”106

Morse did not argue just to a domestic audience.

He travelled and published internationally to advance

his argument, significantly overstating (to be kind) his

103 Id. at 420.

104 Id.

105 Id. (bracketed language added).

106 Id.

26

case.107 And so a combination of this active international lobbying, along with a preference for jus sanguinis themselves, may have led certain foreign writers

and international law specialists publishing about

American law—such as Hugh Bellott, Boyd Winchester, William Edward Hall, and Hannis Taylor, to believe that America applied some sort of rule of jus sanguinis.108

D.

George Collins takes anti-Chinese racism to the Supreme Court.

Morse would press his theories of citizenship before the Supreme Court,109 but did not himself get a

chance to overturn Look Tin Sing before the Supreme

107 Washingtonians Abroad, Evening Start, 7 Sept. 1874, 1; Insti-

tut De Droit Interna- Tional: Annuaire: Tome 1: 1877, at 29 (1994

[1877]); Alexander Porter Morse, De l’acquisition de la Nationalite aux Etats-Unis, Journal du 'Droit International Prive et de la

Jurisprudence comparer (1887); see id. at 32 (falsely stating that

the child of a foreigner is a foreigner, “[l]'enfant d'un citoyen des

Etats-Unis est citoyen des Etats-Unis; l'enfant d'un étranger est

étranger,” and that the United States has adopted jus sanguinis

in full, “[l]es Etats- Unis, en présence du jus soli et du jus sanguinis, ont fini par donner une adhésion entière à la doctrine du

jus sanguinis”).

108 See Brief of Petitioners at 27-28.

109 State of Missouri ex rel Carey v. Andriano, 138 U.S. 496 (1891);

Contzen v. U.S., 179 U.S. 191 (1900).

27

Court. That fell to George Collins, a California Republican who grew up among the anti-Chinese hostility

then prevalent in California.110

Although Morse’s ideas formed the attack on the

citizenship clause,111 Collins’s arguments for jus sanguinis were more xenophobic than those of Morse or

Wharton. In his article “Are Persons Born Within the

United States Ipso Facto Citizens Thereof?” Collins

argued that such a rule would be “impolitic.”112 “The

Chinese, for instance, are a people foreign to us in

every respect.”113 He continued:

Although all this time surrounded by American

civilization it has wholly failed to make any impression upon them; they segregate themselves

from the mass of people and establish a colony

according to Oriental ideas in order that they

may live in a manner similar to those in China;

they are antagonistic to our civilization; know

nothing and refuse to know anything of our institutions and are utterly incapable of self-government; they do not come here animus

110 JACH, above n.52, at 647.

111 See generally id. at 648-49; see also Lucy Salyer, Wong Kim

Ark: The Contest Over Birthright Citizenship, Immigration Stories 51, 58-59 (NY Foundation Press 2005) (“Salyer”).

112 18 Am. L. Rev. 831, 834 (1884)

113 Id.

28

manendi, but as soon as they obtain a competency, either by their labor or otherwise, they

return to their native land to enjoy it. Their

children born upon American soil are Chinese

from their very birth in all respects, just as

much so as though they had been born and

reared in China; they inherit the same prejudices, the same customs, habits, and methods of

their ancestors; in short, they are subject to the

same civilization and adhere to it with as much

tenacity as did their forefathers.114

Chinese people were “utterly unfit, wholly incompetent” to be American citizens, “and yet under the common-law rule they would be citizens.”115 Congress’s

own racism showed that the citizenship was meant to

be exclusionary: “Congress has seen fit to confine the

privilege of becoming an American citizen to the Caucasian and African races; yet under the common-law

rule the children of all persons, irrespective of race,

who were born within the United States would be citizens.”116 Such “evils which result from an indiscriminate admission of foreigners into the body politic,”

Collins implied, could not be tolerated.117

114 Id.

115 Id.

116 Id. at 835.

117 Id.

29

Collins followed that up with an 1895 article, “Citizenship by Birth.”118 That article was no more egalitarian. For instance, there Collins warned that the

government was “oblivious” to the fact that Chinese

people “under the claim of citizenship by birth” were

invading America and exercising the rights of citizens.119

While the Amicus Brief of Senator Cruz modestly

describes Collins as appointed amicus in Wong Kim

Ark, as if he was some neutral observer,120 Collins organized a lobbying campaign to push for a test case.121

Due to its own anti-Chinese racism and the effect the

Citizenship Clause was having in limiting the Chinese

Exclusion Act, the Government shared the same

goal.122 Collins’ gambit ultimately resulted in the

Wong King Ark case. There, the Government expressly “invited” George Collins “to participate as

amicus curiae” in the case.123

118 29 Am. L. Rev. 385, 393 (1895).

119 Id. at 394-95.

120 at 16.

121 Salyer, above n. 111, at 65-67.

122 Id. at 62-67.

123 Letter from US Attorney Henry Foote to the Office of the At-

torney General (Nov. 23, 1895) (on file with author); see also In

re Wong Kim Ark, 71 F. 382, 384 (N.D. Cal. 1986) (“The district

attorney was assisted by Mr. George D. Collins, of the San Francisco bar, who appeared in the matter as amicus curiae.”).

30

In lower courts, Collins’ and the Government’s arguments focused on xenophobia.124 In the Supreme

Court, the arguments were more academic, but ultimately Collins’ arguments returned to anti-Chinese

racism. “Are Chinese children born in this country to

share with the descendants of the patriots of the

American Revolution the exalted qualification of being eligible to the Presidency of the nation, conferred

by the Constitution in recognition of the importance

and dignity of citizenship by birth?” asked Collins’

Brief on Behalf of the Appellant (co-signed by the Solicitor General).125 “If so, then verily there has been a

most degenerate departure from the patriotic ideals of

our forefathers; and surely in that case American citizenship is not worth having.”126 After all, according to

Collins, the “offspring” of Chinese “are just as obnoxious” as their parents.127 The Government would go on

to argue in reply that Chinese people would always

have “obedience” to China and Chinese culture, and

therefore could not be citizens.128

But ultimately, these appeals lost. The Supreme

Court rejected the Government’s jus sanguinis argu-

124 Salyer, above n. 111, at 68.

125 Wong Kim Ark Brief on Behalf of the United States at 34.

126 Id.

127 Id.

128 Wong Kim Ark Reply Brief for United States at 7.

31

ments, even though those arguments repeatedly relied on Wharton129 and Morse.130 More importantly, it

rejected the Government’s racial appeal. Just like in

Congress, the opponents of birthright citizenship

posed the question of would you even allow the Chinese to become citizens, and the Court responded that

it would.

IV.

The Government is simply recycling the

losing arguments of Wharton, Morse, and

Collins.

In Wong Kim Ark, Wharton, Morse, and Collins

lost. And that loss was deserved. Their arguments

were built on a racist foundation, attempting to use

anti-Chinese sentiment to relitigate, rather than interpret, the Citizenship Clause. These policy-based

arguments simply echoed the same arguments made

by Senators Cowan, Davis, and Williams.

The Government expressly relies on the approach

129 Wong Kim Ark Brief for United States at 42, 43; Wong Kim

Ark Brief on Behalf of the United States at 27-31.

130 Wong Kim Ark Brief for United States at 10, 11. The Brief for

the United States (at 18) and the Brief on Behalf of the United

States (at 15-16) also relied on Chief Justice Taney’s decision in

Dred Scott. Id. at 18; but see Look Tin Sing, 21 F. at 909 (noting

that one purpose of the Citizenship Clause was “to overrule the

doctrine of the Dred Scott case”).

32

of Wharton and Morse.131 And while it does not cite

Collins expressly, it recycles the same arguments Collins made in Wong Kim Ark. As the appendix to this

brief show, many of the same treatises relied on by the

Government come right out of either Collins’ Wong

Kim Ark Brief on Behalf of the United States, or Conrad’s Brief for the United States. Likewise, many of

the case, statutory, and legislative history citations

are the same.

This Court should reject the Government’s approach. The writings of Wharton, Morse, and Collins

were not contemporary—they occurred 15-40 years after the Fourteenth Amendment was passed out of

Congress. They were not commentaries on the public

meaning of Citizenship Clause, either. Rather, they

were non-textualist attempts to recast the Citizenship

Clause in terms of later-evolving international law

and a racist and increasingly hostile opposition to Chinese people in the United States.

The Government is inviting this Court to rewrite

the Citizenship Clause vindicate exactly what Wharton, Morse, and Collins were trying to do 140 or so

years ago. If the Court accepts the invitation, it will

overturn a Constitutional amendment, under the

guise of interpreting it, in a decidedly non-originalist

131 See Petitioner’s Brief at 26-27; see also Cruz Brief at 16-17

(expressly relying on Collins).

33

manner, to ratify an anti-immigration agenda of the

federal Government motivated by xenophobia and

racism. The Court refused to do so 140 years ago, and

it should refuse again today.

*

*

*

The history of the Supreme Court is written in

stone, but it is also written in moments. In Wong Kim

Ark, a Supreme Court made up of people who themselves harbored racist anti-Chinese racist beliefs nevertheless stood up to that moment and defended the

Constitution. In contrast, in Korematsu v. United

States, 323 U.S. 214 (1944), the Supreme Court allowed fear and bigotry to subjugate the Constitution,

a mistake that this Court would later say was “wrong

the day it was decided, has been overruled in the court

of history, and—to be clear—has no place in law under

the Constitution.” Trump v. Hawaii, 585 U.S. 667, 710

(2018) (cleaned up). This is another moment for the

Court. Will it follow the path this Court blazed in

Wong Kim Ark? Or will it issue another Korematsu?

CONCLUSION

The Court should affirm the decision of the District

Court.

34

Respectfully submitted,

JUSTIN SADOWSKY

Counsel of Record

CHINESE AMERICAN LEGAL DEFENSE ALLIANCE

4250 N. Fairfax Drive #600

Arlington VA 22203

justins@caldausa.org

(646) 785-9154

February 25, 2026

APPENDIX

i

TABLE OF APPENDICES

Appendix (Table comparing citations in Wong

Kim Ark to citations in petitioner’s brief) ............. 1a

1a

APPENDIX

Cite

Pet’s

Brief

Page

3, 26

WKA Brief Page

Francis Wharton, A

Treatise on the Conflict of Laws (2d ed.

1881)

26

Brief for the U.S. at

43

William Edward

Hall, A Treatise on

International Law

(4th ed. 1895).

John Westlake, International Law

(1904)

4 Robert Phillimore,

Commentaries Upon

International Law

(2d. ed. 1874)

Secretary of State

Frelinghuysen Opinion

26

Alexander Porter

Morse, A Treatise on

Citizenship, 248

(1881)

Brief for the U.S. at

11

Brief on behalf of

the U.S. at 28-29, 31

Brief for the U.S. at

9

28

Brief on behalf of

the U.S. at 7

20

Brief on behalf of

the U.S. at 12

25

U.S. Reply Brief at

14-16

2a

Emerich de Vattel,

The Law of Nations

(1797)

Slaughter-House

Cases, 16 Wall. 36,

73 (1873) (“was intended to exclude

from its operation

children of … citizens or subjects of

foreign States born

within the United

States”)

Minor v. Happersett,

21 Wall. 162 (1875)

(“doubts” about the

citizenship of children who are not

“born of citizen parents”)

Shanks v. Dupont, 3

Pet. 242 (1830)

Elk v. Wilkins, 112

U.S. 94 (1884) (Native Americans are

21, 22

Brief on behalf of

the U.S. at 7

24

Brief for the U.S. at

17, 30-31, 41

Brief on Behalf of

the U.S. at 24

24

Brief for the U.S. at

12

Brief on behalf of

the U.S. at 37

21

21

U.S. Reply Brief at 4

Brief on behalf of

the U.S. at 13

U.S. Reply Brief at

22, 24

Brief for the U.S. at

40-41

3a

not “completely subject to [the United

States’] political jurisdiction”)

Munro v. Merchant,

36 Barbour’s (New

York) Hep., 400, 401

(1858),

Ludlam v. Ludlam,

31 Barb. 486, 503

(N.Y. Gen. Term

1860).

Cong. Globe, 39th

Cong. 1st Sess. 2893

(1866) (“What do we

mean by ‘subject to

the jurisdiction of

the United States?’

Not owing allegiance

to anybody else.

That is what it

means.”)

Cong. Globe, 39th

Cong. 1st Sess. 2895

(1866) (Howard: “full

and complete”—that

Brief on behalf of

the U.S. at 26-27,

30, 38-39

411

U.S. Reply Brief at

17

11, 41

U.S. Reply Brief at

17-19

18

U.S. Reply Brief at

37

18

Brief for the U.S. at

38

1 Indirectly cited via David Dudley Field, Outlines of an Interna-

tional Code 132 n.1 (2d ed. 1876).

4a

is, “the same jurisdiction in extent and

quality as applies to

every citizen of the

United States.”)

1866 Civil Rights

Act (“not subject to

any foreign power”)

U.S. Reply Brief at

9-10

17-18,

42

Brief for the U.S. at

40

Brief on behalf of

the U.S. at 23

1868 Expatriation

Legislation (“inconsistent with the fundamental principles

of the Republic”)

40-412

2 Citing congressional report.

U.S. Reply Brief at

10-12

Brief on behalf of

the U.S. at 8

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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