Schneider v. Rusk
 | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (June 2023) |
| Schneider v. Rusk | |
|---|---|
 | |
| Subsequent | None |
| Holding | |
| Naturalized U.S. citizens have the right to return to and reside in their native countries, and retain their U.S. citizenship, even if they never return to the United States. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas, joined by Warren, Black, Stewart, Goldberg |
| Dissent | Clark, joined by Harlan, White |
| Brennan took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. V | |
Schneider v. Rusk, 377 U.S. 163 (1964), was a 5–3 United States Supreme Court case that invalidated a law that stripped naturalized Americans of their citizenship as a result of extended or permanent residence abroad. Relying on the due process clause of the Fifth Amendment, the court ruled it generally was unconstitutional to treat naturalized and natural-born citizens differently.[1]
Background
Angelika Schneider, a German immigrant, came to the U.S. with her parents and became a
The
Opinion
The Supreme Court held that, since no provision of the law stripped natural-born Americans of their citizenship as a result of extended or permanent residence abroad, it was unconstitutionally discriminatory to apply such a rule only to naturalized citizens.
The opinion, however, noted the natural-born-citizen clause of the U.S. Constitution permitted naturalized and natural-born citizens to be treated differently with respect to who is eligible to serve as the president of the United States: "The only difference drawn by the Constitution is that only the 'natural born' citizen is eligible to be President".[2][3][4]
References
- ^ Schneider v. Rusk, 377 U.S. 163 (1964).
- ^ "Hassan v. New Hampshire, Civil No. 11-cv-552-JD". casetext.
- ^ "Natural Born in the U.S.A.: The Striking Unfairness and Dangerous Ambiguity of the Constitution’s Presidential Qualifications Clause, and Why We Need to Fix It"
- ^ Malinda L. Seymore. "The Presidency and the Meaning of Citizenship," 2005 BYU Law Review 927 (2005)
Sources
- Schneider v. Rusk: Great American Court Cases
- The Supreme Court: Welcome Home TIME, May 29, 1964
External links
Works related to Schneider v. Rusk (377 U.S. 163) at Wikisource- Text of Schneider v. Rusk, 377 U.S. 163 (1964) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
