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Mandoli v. Acheson, 344 U.S. 133 (1952)
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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.
Mandoli v. Acheson, 344 U.S. 133 (1952)
Mandoli v. Acheson No. 15 Argued October 17, 1952 Decided November 24, 1952 344 U.S. 133
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
1. Under the Expatriation Act of 1907, a United States citizen by birth who by foreign law derives from his parents citizenship of a foreign nation held not to have lost his United States citizenship by foreign residence long continued after attaining his majority. Pp. 135-139.
(a) In such case, the native-born citizen, by continuing to reside in the foreign country after attaining his majority, cannot be deemed to have elected between his dual citizenships in favor of that of the foreign country; and, when he attained his majority, he was under no statutory duty to make an election and to return to this country for permanent residence if he elected United States citizenship. Pp. 135-139.
(b) Perkins v. Elg, 307 U.S. 325, is not to the contrary. Pp. 138-139.
(c) The dignity of citizenship which the United States Constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate. P. 139.
2. One of the grounds of decision relied on by the District Court, based on the citizen’s having served in the army of the foreign country and taken an oath of allegiance to that country, was abandoned by the Government, the Attorney General having ruled that such service and oath had been taken under legal compulsion amounting to duress. P. 135.
90 U.S.App.D.C. 1121, 193 F.2d 920, reversed.
In an action brought by petitioner to establish his citizenship, the District Court gave judgment against him. The Court of Appeals affirmed. 90 U.S.App.D.C. 1121, 193 F.2d 920. This Court granted certiorari. 343 U.S. 976. Reversed, p. 139.
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Chicago: U.S. Supreme Court, "Syllabus," Mandoli v. Acheson, 344 U.S. 133 (1952) in 344 U.S. 133 344 U.S. 134. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=JYLH4TQV7DQ96I1.
MLA: U.S. Supreme Court. "Syllabus." Mandoli v. Acheson, 344 U.S. 133 (1952), in 344 U.S. 133, page 344 U.S. 134. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JYLH4TQV7DQ96I1.
Harvard: U.S. Supreme Court, 'Syllabus' in Mandoli v. Acheson, 344 U.S. 133 (1952). cited in 1952, 344 U.S. 133, pp.344 U.S. 134. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=JYLH4TQV7DQ96I1.
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