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Vance Vs. Terrazas
Cites for this judgment
- US Supreme Court
- Jan 15, 1980
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U.S. 252 (1980) U.S. Supreme Court Vance v. TerrazasSearch
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U.S. 252 (1980) Vance v. TerrazasSearch
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committed the expatriating act prescribed in the statute, but also intended to relinquish his citizenship. Cf. Afroyim v. RuskSearch
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as construed in Afroyim v. RuskSearch
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Ibid. The court also said, relying upon and quoting from United States v. MathesonSearch
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Id. at 10. The Court of Appeals ruled, however, that. under Afroyim v. RuskSearch
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Brief for Appellant 24. We disagree. In Afroyim v. RuskSearch
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in a political election. He in consequence was stripped of his United States citizenship. Consistently with Perez v. BrownellSearch
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Nisikawa v. DullesSearch
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words and conduct -- was also reflected in the United States' response to the petition for certiorari in United States v. MathesonSearch
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c). We are in fundamental disagreement with these conclusions. In Nishikawa v. DullesSearch
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in the Constitution. The Court noted, moreover, that it was acting in the absence of legislative guidance. Nishikawa v. DullesSearch
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to create inferior federal courts, is undoubted and has been frequently noted and sustained. See, e.g., Usery v. TurnerSearch
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Hawkins v. UnitedSearch
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Tot v. UnitedSearch
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on the facts of each case, and that Congress could provide rules of evidence for such proceedings. Nishikawa v. DullesSearch
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have held that the Due Process Clause imposes requirements of proof beyond a preponderance of the evidence. Mullaney v. WilburSearch
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and evinced a decided preference for requiring clear and convincing evidence to prove expatriation. Nishikawa v. UnitedSearch
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did not purport to be a constitutional ruling, and the same is true of similar rulings in related areas. Woodby v. INSSearch
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Schneiderman v. UnitedSearch
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to be proved by the party claiming the duress. Nishikawa v. DullesSearch
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is presumed and that duress is an affirmative defense to be proved by the party asserting it. See Hartsville Oil Mill v. UnitedSearch
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Savage v. UnitedSearch
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Mason v. UnitedSearch
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is not beyond our power, and, in appropriate circumstances, we have addressed them. Blonder-Tongue Laboratories, Inc. v. UniversitySearch
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Erie R. Co. v. TompkinsSearch
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U. S. 64 (1938) (parties agreed that Swift v. TysonSearch
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Cf. Vachon v. NewSearch
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Moragne v. StatesSearch
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Silber v. UnitedSearch
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position is at odds with a 1969 opinion of the Attorney General, 42 Op.Atty.Gen. 397, which interpreted Afroyim v. RuskSearch
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The Limits of Afroyim v. RuskSearch
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Brief in Opposition in Matheson v. UnitedSearch
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H.R.Rep. No. 1086, supra at 41 (quoting Nishikawa v. DullesSearch
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on the interest at stake, Addington v. TexasSearch
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in part and dissenting in part. The Court today unanimously reiterates the principle set forth in Afroyim v. RuskSearch
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be deprived without due process of law. Because the interest at stake is comparable to that involved in Addington v. TexasSearch
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See Kennedy v. Mendoza-MartinezSearch
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Afroyim v. RuskSearch
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is accused in this case cannot be an expatriating act, I dissent. I This case is governed by Afroyim v. RuskSearch
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