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Rogers v. Bellei, 401 U.S. 815 (1971)
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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.
Rogers v. Bellei, 401 U.S. 815 (1971)
Rogers v. Bellei No. 24 Argued January 15, 1970 Reargued November 12, 1970 Decided April 5, 1971 401 U.S. 815
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Syllabus
Appellee challenges the constitutionality of § 301(b) of the Immigration and Nationality Act of 1952, which provides that one who acquires United States citizenship by virtue of having been born abroad to parents, one of whom is an American citizen, who has met certain residence requirements, shall lose his citizenship unless he resides in this country continuously for five years between the ages of 14 and 28. The three-judge District Court held the section unconstitutional, citing Afroyim v. Rusk, 387 U.S. 253, and Schneider v. Rusk, 377 U.S. 163.
Held: Congress has the power to impose the condition subsequent of residence in this country on appellee, who does not come within the Fourteenth Amendment’s definition of citizens as those "born or naturalized in the United States," and its imposition is not unreasonable, arbitrary, or unlawful. Afroyim v. Rusk, supra, and Schneider v. Rusk, supra, distinguished. Pp. 820-836.
296 F.Supp. 1247, reversed.
BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, STEWART, and WHITE, JJ., joined. BLACK, J., filed a dissenting opinion, in which DOUGLAS and MARSHALL, JJ., joined, post, p. 836. BRENNAN, J., filed a dissenting opinion, in which DOUGLAS, J., joined, post, p. 845.
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Chicago: U.S. Supreme Court, "Syllabus," Rogers v. Bellei, 401 U.S. 815 (1971) in 401 U.S. 815 401 U.S. 816. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XLS8TN5K4US6VHK.
MLA: U.S. Supreme Court. "Syllabus." Rogers v. Bellei, 401 U.S. 815 (1971), in 401 U.S. 815, page 401 U.S. 816. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XLS8TN5K4US6VHK.
Harvard: U.S. Supreme Court, 'Syllabus' in Rogers v. Bellei, 401 U.S. 815 (1971). cited in 1971, 401 U.S. 815, pp.401 U.S. 816. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XLS8TN5K4US6VHK.
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