|
|
Moser v. United States, 341 U.S. 41 (1951)
Contents:
Show Summary
Hide Summary
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.
Moser v. United States, 341 U.S. 41 (1951)
Moser v. United States No. 301 Argued March 7, 1951 Decided April 9, 1951 341 U.S. 41
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
The Treaty of 1850 between the United States and Switzerland provides that citizens of one country residing in the other "shall be free from personal military service." Section 3(a) of the Selective Training and Service Act of 1940, as amended, provided for the exemption of neutral aliens from service in the land or naval forces of the United States, with the proviso that one who claimed exemption should thereafter be barred from becoming a citizen of the United States. Petitioner, a Swiss national, applied for and obtained exemption from service in the land or naval forces of the United States.
Held: under the circumstances detailed in the opinion, he was not debarred from United States citizenship. Pp. 42-47.
(a) As a matter of law, the Act imposed a valid condition on petitioner’s claim of exemption from military service. Pp. 45-46.
(b) Petitioner did not knowingly and intentionally waive his rights to citizenship. Considering all the circumstances of the case, elementary fairness would require nothing less than an intelligent waiver to debar petitioner from citizenship. Pp. 46-47.
182 F.2d 734, reversed.
An order of the District Court admitting petitioner to citizenship, 85 F.Supp. 683, was reversed by the Court of Appeals. 182 F.2d 734. This Court granted certiorari. 340 U.S. 910. Reversed, p. 47.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Moser v. United States, 341 U.S. 41 (1951) in 341 U.S. 41 341 U.S. 42. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RKR638554TJ4QKG.
MLA: U.S. Supreme Court. "Syllabus." Moser v. United States, 341 U.S. 41 (1951), in 341 U.S. 41, page 341 U.S. 42. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RKR638554TJ4QKG.
Harvard: U.S. Supreme Court, 'Syllabus' in Moser v. United States, 341 U.S. 41 (1951). cited in 1951, 341 U.S. 41, pp.341 U.S. 42. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RKR638554TJ4QKG.
|