Denationalization V. "the Right to Have Rights": The Standard of Intent in Citizenship Loss
The whole idea of citizenship with respect to its place in the history of the U.S. is brought into play in this case study, which argues that obligations and moral conduct, as integral elements of citizenship, merit greater attention than has been accorded them. The basic issues surrounding the citizenship concept are examined as to how it developed; what American statutory and constitutional provisions were relevant; and how the courts and administrative bodies interpreted those provisions. Also explored are issues such as: Why is citizenship important, and why is American citizenship viewed as a precious possession? Has the development of American citizenship been in step with the U.S. system of government? What has been the role of the U.S. Supreme Court in that development? Its 1967 ruling in Afroyim v. Rusk was the Court's leading case. For the first time, the Court held that Congress lacked the power of involuntary expatriation, that citizenship is a constitutional right under the Fourteenth Amendment, and that all the U.S. government can do is formally recognize an individual's voluntary renunciation or abandonment of citizenship. The argument in this study is that the Eighth Amendment, rather than the Fourteenth, would have provided not only a stronger base on which to rest the Afroyim decision, but would have supplied it with a moral dimension as well. The book details the expatriation case of Margaret J. Randall, prominent in academic and literary circles.
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Legal Constitutional Background
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66 Stat Abramson Afroyim Airgram alien American citizen American citizenship ancient Greece Appellate Review Aristotle asserted Attorney Board of Appellate Board of Immigration chap Chief Justice Citizenship Clause concept of citizenship Congress constitutional right consular officer Coxe's Lessee decision deportation proceedings district director Dulles economic duress Eighth Amendment expatriating act federal foreign Fourteenth Amendment governmental I&N Dec Ibid Immigration and Nationality Immigration and Naturalization Immigration Appeals BIA immigration judge intent to renounce involuntary expatriation issue Judge Spiegel Karst Law Review loss of citizenship Margaret Jo Randall Matter of Margaret Mendoza-Martinez Mexican Mexican passport Mexico City moral Nationality Act Naturalization Service obligations Perez permanent resident status person Plato political Pre-hearing memorandum preponderance of evidence Randall's relinquish renunciation renunciatory act Rousseau Rusk Schneiderman Section termination of deportation Terrazas U.S. citizen U.S. citizenship U.S. Constitution U.S. government U.S. State Department U.S. Supreme Court United Vacca Vance voluntary voting