Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: us supreme court Year: 1952 Page 1 of about 11 results (0.063 seconds)

Nov 24 1952 (FN)

Mandoli Vs. Acheson

Court : US Supreme Court

Decided on : Nov-24-1952

..... we find no warrant in the statutes for concluding that petitioner has suffered expatriation. and, since congress has prescribed a law for this situation, we think the dignity of citizenship which the constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate. [ footnote ..... 344 u. s. 135 -139. (b) perkins v. elg, 307 u. s. 325 , is not to the contrary. pp. 344 u. s. 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which the united states constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate ..... and the court could not properly have decided, any question as to consequences of a failure to elect american citizenship, for miss elg promptly did so elect and decisively evidenced it by resuming residence here. what it held was that citizenship conferred by our constitution upon a child born under its protection cannot be forfeited because page 344 u. s. 139 the citizen ..... during nonage is a passive beneficiary of foreign naturalization proceedings. it held that miss elg had acquired a derivative dual citizenship, but had not suffered a derivative expatriation. in affirming .....

Tag this Judgment!

Jun 02 1952 (FN)

Kawakita Vs. United States

Court : US Supreme Court

Decided on : Jun-02-1952

..... an american with a dual nationality residing in the other country which page 343 u. s. 733 claims him as a national. the definition of treason, however, contained in the constitution contains no territorial limitation. "treason against the united states, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. . . ." ..... . mr. chief justice vinson, with whom mr. justice black and mr. justice burton join, dissenting. the threshold question in this case is whether petitioner renounced his united states citizenship and became expatriated by reason of acts committed in japan during the war. prior to 1943, petitioner was regarded by japanese authorities as an enemy alien. in march, 1943, ..... and the pursuit of happiness, and whereas, in the recognition of this principle, this government has freely received emigrants from all nations, and invested them with the rights of citizenship, and whereas it is claimed that such american citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof, and whereas it is necessary to ..... u. s. 725 japanese nationality, might reasonably mean no more than announcing the fact of his japanese nationality to the interested authorities. as we have said, dual citizenship presupposes rights of citizenship in each country. it could not exist if the assertion of rights or the assumption of liabilities of one were deemed inconsistent with the maintenance of the other. .....

Tag this Judgment!

Mar 10 1952 (FN)

Harisiades Vs. Shaughnessy

Court : US Supreme Court

Decided on : Mar-10-1952

..... which, for a decade, subsequent congresses have never repealed, but have strengthened and extended. we, in our private opinions, need not concur in congress' policies to hold its enactments constitutional. judicially, we must tolerate what personally we may regard as a legislative mistake. we are urged, because the policy inflicts severe and undoubted hardship on affected individuals, to find a ..... to enjoy the hospitality of a which they are not citizens has been a matter of political determination by each state. (i put to one side the oddities of dual citizenship.) though, as a matter of political outlook and economic need, this country has traditionally welcomed aliens to come to its shores, it has done so exclusively as a ..... and senate be citizens. see borchard, diplomatic protection of citizens abroad, 63. the states, to whom is entrusted the authority to set qualifications of voters, for most purposes require citizenship as a condition precedent to the voting franchise. the alien's right to travel temporarily outside the united states is subject to restrictions not applicable to citizens. 43 stat. 158 ..... of law -- american and international. he may claim protection against our government unavailable to the citizen. as an alien, he retains a claim upon the state of his citizenship to diplomatic intervention on his behalf, a patronage often of considerable value. the state of origin of each of these aliens could presently enter diplomatic remonstrance against these deportations if .....

Tag this Judgment!

Mar 10 1952 (FN)

Carlson Vs. Landon

Court : US Supreme Court

Decided on : Mar-10-1952

..... war by legally admitted aliens, even though they never violate the laws in effect at their entry. the protection of citizenship is open to those who qualify for its privileges. the lack of a clause in the constitution specifically empowering such action has never been held to render congress impotent to deal as a sovereign with resident aliens. ..... a historical background which gives meaning to bail provisions. only the other day, this court restated the concept of bail traditional in american thought and reflected in the constitution: "this traditional right to freedom before conviction [or before order for deportation] permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment ..... persons, including petitioner, of speech, the press, and assembly, and the right to petition the government for redress of grievances, in violation of the first amendment to the constitution of the united states, and in that they purport to authorize indefinite detention of persons, including petitioner, without bond prior to final determination of deportability." [ footnote 11 ] ..... public interest. as all alien communists are deportable, like anarchists, because of congress' understanding of their attitude toward the use of force and violence in such a constitutional democracy as ours to accomplish their political aims, evidence of membership plus personal activity in supporting and extending the party's philosophy concerning violence gives adequate ground for .....

Tag this Judgment!

Mar 03 1952 (FN)

First Nat'l Bank Vs. United Air Lines, Inc.

Court : US Supreme Court

Decided on : Mar-03-1952

..... no more derives substantive law for this case from illinois than it does its jurisdiction. for, regardless of what illinois might say on this subject, the constitution has "otherwise provided." i believe, as expressed in hughes v. fetter, that the state was free to refuse this case a forum, but, if ..... law we have remade and pretend it is applying illinois law. this is too tortuous an excursion for me. since, as a matter of constitutional provision, liability for this alleged tort must be adjudged under utah law, and the case being within the statutory jurisdiction of the district court, ..... 1332(a)(1), and state law is powerless to enlarge, vary, or limit this requirement. the parties to this case have showed the diversity of citizenship and amount in controversy required by congress, and therefore the federal court, by virtue of the law of its own being, has jurisdiction of their ..... , is an illinois bank, and respondent, united air lines, inc., is a delaware corporation doing business in illinois. since the jurisdictional amount and diversity of citizenship requirements have been met, the case is properly triable under 28 u.s.c. 1332 unless ch. 70, 2 of the illinois revised statutes bars the ..... states court of appeals for the seventh circuit syllabus in a suit brought in a federal district court in illinois, on grounds of diversity of citizenship, to recover under the utah wrongful death statute for a death which occurred in utah, an illinois statute providing that "no action shall be .....

Tag this Judgment!

Jan 07 1952 (FN)

Longshoremen Vs. Juneau Spruce Corp.

Court : US Supreme Court

Decided on : Jan-07-1952

..... service of summons, subpoena, or other legal process of any court of the united states upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization." "(e) for the purposes of this section, in determining whether any person is acting as an 'agent' of another person so as to make such ..... labor organizations, may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties." "(b) any labor organization which represents employees in an industry affecting commerce as defined in this act and any employer whose activities affect commerce as defined in ..... 303(b) [ footnote 5 ] is made "subject to the limitations and provisions of 301." section 301 lifts the limitations governing district courts as respects the amount in controversy and the citizenship of the parties; it defines the capacity of labor unions to sue or be sued; it restricts the enforceability of a money judgment against a labor union to its assets ..... , 289 u. s. 163 ; mookini v. united states, 303 u. s. 201 , 303 u. s. 205 . the words "district court of the united states" commonly describe constitutional courts created under article iii of the constitution, not the legislative courts which have long been the courts of the territories. [ footnote 4 ] see mookini v. united states, supra, at 303 u. s. 205 . but .....

Tag this Judgment!

Jan 28 1952 (FN)

Guessefeldt Vs. Mcgrath

Court : US Supreme Court

Decided on : Jan-28-1952

..... friendly alien. more broadly, is any national of an enemy country within the reach of constitutional protection? the thrust of the government's argument is that 39 bars any such claimant on the mere showing of his citizenship. ex parte kawato, 317 u. s. 69 , holds that, as a matter ..... alien enemy in every sense of the word but the purposely restrictive definition of section 2(a) of the trading with the enemy act. "there is no constitutional prohibition against confiscation of enemy properties." united states v. chemical foundation, inc., 272 u. s. 1 , 272 u. s. 11 , and cases ..... i, against the alien property custodian for damages and equitable relief, judges hough, l. hand and mack held that "the government was under no constitutional prohibition from confiscating the property of the enemy's nationals, whether resident or nonresident." id. at 934. it was the court's view that ..... overcome any presumption that the claimant's situation was considered by congress and rejected. moreover, a decision for the government would require us to decide debatable constitutional questions. i page 342 u. s. 318 suits by united states citizens, 9(a) has been construed, over the government's objection, to ..... alien property custodian. pp. 342 u. s. 311 -312. 2. properly construed in the light of its purposes, its legislative history, and the constitutional issues which otherwise would be raised, 39, forbidding the return of property of any "national" of germany or japan vested in the government at any time .....

Tag this Judgment!

Dec 22 1952 (FN)

Steele Vs. Bulova Watch Co., Inc.

Court : US Supreme Court

Decided on : Dec-22-1952

..... possessed a community interest under texas law. [ footnote 2 ] while the record shows that plaintiff fully relied on his asserted cause of action "arising under" the lanham act, diversity of citizenship and the jurisdictional amount were also averred. as we are concerned solely with the district court's jurisdiction over the subject matter of this suit, we do not stop to .....

Tag this Judgment!

May 26 1952 (FN)

Joseph Burstyn, Inc. Vs. Wilson

Court : US Supreme Court

Decided on : May-26-1952

..... ": "robbery of churches," "breaking or defacing of an altar, crucifix, or cross," etc. [ footnote 2/50 ] encyclopaedia britannica (11th ed., 1911), "sacrilege." [ footnote 2/51 ] schroeder, constitutional free speech (1919), 178-373, makes a lengthy review of "prosecutions for crimes against religion." the examples in the text are from schroeder. see also encyclopaedia of the social sciences ..... of observances becomes impossibly confused and uncertain when hundreds of sects, with widely disparate and often directly conflicting ideas of sacredness, enjoy, without discrimination and in equal measure, constitutionally guaranteed religious freedom. in the rome of the late emperors, the england of james i, or the geneva of calvin, and today in roman catholic spain, mohammedan saudi ..... church considerably delimited the application of the term. st. thomas aquinas classified the objects of "sacrilege" as persons places, and thing. [ footnote 2/34 ] the injuries which would constitute page 343 u. s. 522 "sacrilege" received specific and detailed illustration. [ footnote 2/35 ] this teaching of aquinas is, i believe, still substantially the basis of the official ..... the board of regents rescinded the licenses on feb. 16, 1951, saying that the "mockery or profaning of these beliefs that are sacred to any portion of our citizenship is abhorrent to the laws of this great state." on review the appellate division upheld the board of regents, holding that the banning of any motion picture "that may .....

Tag this Judgment!

Mar 03 1952 (FN)

Sutton Vs. Leib

Court : US Supreme Court

Decided on : Mar-03-1952

..... records from either state. illinois law as to respondent's liability governs the federal court's decision of this case. [ footnote 3 ] but the responsibility for the decision of federal constitutional issues involved rests finally on this court. [ footnote 4 ] this controversy presents, fundamentally, a problem of illinois law, to-wit, the illinois rule as to the effect of a subsequently ..... of every other state. and the congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. u.s. constitution, art. iv, 1. pursuant to the section, congress early prescribed the effect substantially in the words now used: "such acts, records and judicial proceedings or copies thereof, so authenticated, ..... petitioner, mrs. sutton relied upon the new york annulment decree as determining that her nevada marriage was void. she contends that the full faith and credit clause of the federal constitution requires that illinois hold her nevada marriage void ab initio by virtue of the new york annulment; [ footnote 1 ] that, as the annulment decree obliterates the existence of her ..... petitioner's first husband, a stranger to the new york decree. p. 342 u. s. 410 . (b) the jurisdiction of the federal court in this case rests on diversity of citizenship; the case does not present any nonfederal issue suitable for separation and determination in the state courts, and the remaining questions of state law should be decided by the federal .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //