Justice KBJ: ‘My Understanding Was the Framers Put This Citizenship Clause into the Constitution to Prevent the Future Congresses from Being Able to Affect Citizenship’

‘I’m struggling to figure out who is domiciled in your argument’

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EXCERPT:

SAUER: “The domiciliaries are people who are lawfully present and have an intent to remain permanently. So that's a kind of black letter, you know, understanding of domicile. Now, Congress can dictate that certain classes of people, legal entrants and so forth, cannot lawfully, lack the legal capacity to form a legally binding domicile.”
BROWN JACKSON: “But if that's so, then doesn't it make the domicile for the purpose of the 14th Amendment turn then ultimately on Congress's will in a way that the Framers did not intend? I mean, my understanding was the Framers put this citizenship clause into the Constitution to prevent future Congresses from being able to affect citizenship in this way.”

 

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