On the Original Legal Meaning of "Subject to the Jurisdiction Thereof"

This is an academic analysis piece that examines historical legal meaning through scholarly research rather than advocating for a particular political outcome. While the author concludes that originalist arguments supporting Trump's executive order lack historical basis, the framing is methodologically grounded in textual and historical analysis rather than charged political rhetoric.

Primary voices: academic or expert

• This article does not address the Supreme Court's actual reasoning or outcome from the oral arguments mentioned as occurring on the day of publication
• This article does not engage with counterarguments from originalist scholars who may dispute the historical interpretation presented
• This article does not discuss the practical implications or public policy consequences of either interpretation for affected populations