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Polites v. United States, 364 U.S. 426 (1960)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Polites v. United States, 364 U.S. 426 (1960)
Polites v. United States No. 25 Argued October 18, 1960 Decided November 21, 1960 364 U.S. 426
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner’s citizenship was revoked in a proceeding under § 338(a) of the Nationality Act of 1940. The District Court found that, within ten years preceding his petition for naturalization, he had been a member of the Communist Party, that the Party was an organization which was then advocating the forcible overthrow of the Government, and that, therefore, petitioner was ineligible for citizenship under § 305. Pursuant to a stipulation of petitioner’s counsel, his appeal was dismissed with prejudice. Four years later petitioner moved under Rule 60(b) of the Federal Rules of Civil Procedure to vacate the judgment, on the ground that it was voidable under this Court’s subsequent decisions in Nowak v. United States, 356 U.S. 660, and Maisenberg v. United States, 356 U.S. 670.
Held: regardless of whether relief under Rule 60(b) is available to petitioner in the circumstances, those decisions were not effective to alter the law controlling petitioner s case. Pp. 426-437.
272 F.2d 709 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Polites v. United States, 364 U.S. 426 (1960) in 364 U.S. 426 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2YTJZVRTWXBYU81.
MLA: U.S. Supreme Court. "Syllabus." Polites v. United States, 364 U.S. 426 (1960), in 364 U.S. 426, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2YTJZVRTWXBYU81.
Harvard: U.S. Supreme Court, 'Syllabus' in Polites v. United States, 364 U.S. 426 (1960). cited in 1960, 364 U.S. 426. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2YTJZVRTWXBYU81.
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