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Rogers Vs. Bellei
Cites for this judgment
- US Supreme Court
- Apr 05, 1971
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U.S. 815 (1971) U.S. Supreme Court Rogers v. BelleiSearch
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U.S. 815 (1971) Rogers v. BelleiSearch
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years between the ages of 14 and 28. The three-judge District Court held the section unconstitutional, citing Afroyim v. RuskSearch
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U. S. 253 , and Schneider v. RuskSearch
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and its imposition is not unreasonable, arbitrary, or unlawful. Afroyim v. RuskSearch
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supra, and Schneider v. RuskSearch
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Brief any citation in this list with AI Studio
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b) was unconstitutional, citing Afroyim v. RuskSearch
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U. S. 253 (1967), and Schneider v. RuskSearch
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U. S. 163 (1964), and sustained the plaintiff's summary judgment motion. Bellei v. RuskSearch
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the three-judge District Court are, of course, of particular significance here. Page 401 U. S. 821 Schneider v. RuskSearch
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and the Constitution's distinctions between native-born and naturalized citizens. Afroyim v. RuskSearch
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individual, is exhausted, citing Mr. Chief Justice Marshall's well known but not uncontroversial dictum in Osborn v. BankSearch
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U.S. at 387 U. S. 263 . Perez v. BrownellSearch
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is that the 1790, 1795, and 1802 Acts read retrospectively, while the 1855 Act reads prospectively as well. See Weedin v. ChinSearch
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Bow, 274 U. S. 657 , 274 U. S. 664 (1927), and Montana v. KennedySearch
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too, that, if Mr. Bellei had been born in 1933, instead of in 1939, he would have no claim even today. Montana v. KennedySearch
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to rights of inheritance and of citizenship of persons born abroad of parents who were British subjects. United States v. WonSearch
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Weedin v. ChinSearch
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and not subject to change by mere statute. Afroyim v. RuskSearch
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States, being naturalized in the United States, and being subject to its jurisdiction are concerned. United States v. WongSearch
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U. S. 472 , 243 U. S. 475 (1917). See United States v. NessSearch
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Maney v. UnitedSearch
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aliens. Congress Page 401 U. S. 831 responded to that situation only by enacting the 1855 statute. Montana v. KennedySearch
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because of the withholding of that benefit by Congress, citizenship by such descent was not bestowed. United States v. WongSearch
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American father, and withheld completely from the child of a United States citizen mother and an alien father. Montana v. KennedySearch
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challenge. 1. The Congress has an appropriate concern with problems attendant on dual nationality. Savornan v. PageSearch
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also creates problems for the governments involved. MR. JUSTICE BRENNAN recognized this when, concurring in Kennedy v. Mendoza-MartinezSearch
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In a famous case, MR. JUSTICE DOUGLAS wrote of the problem of dual citizenship. Kawakita v. UnitedSearch
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intimations in the decided cases that a dual national constitutionally may be required to make an election. In Perkins v. ElgSearch
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In Kawakita v. UnitedSearch
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can be deprived of his American citizenship through an Act of Congress. In Mandoli v. AchesonSearch
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already had emphasized the importance of residence in this country as the talisman of dedicated attachment, Weedin v. ChinSearch
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Schneider Page 401 U. S. 835 v. RuskSearch
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fact that even Fourteenth Amendment citizenship by naturalization, when unlawfully procured, may be set aside. Afroyim v. RuskSearch
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Indeed, the concept of a hierarchy of citizenship, suggested by the majority opinion, was flatly rejected in Schneider v. RuskSearch
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situated should for constitutional purposes be considered as naturalized citizens is to be found in United States v. WongSearch
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of naturalization. This inclusive definition has been adopted in several opinions of this Court besides United States v. WongSearch
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Kim Ark, supra. Thus, in Minor v. HappersettSearch
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And in Elk v. WilkinsSearch
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joins, dissenting. Since the Court this Term has already downgraded citizens receiving public welfare, Wyman v. JamesSearch
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U. S. 309 (1971), and citizens having the misfortune to be illegitimate, Labine v. VincentSearch
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