Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: us supreme court Year: 1980 Page 1 of about 11 results (0.125 seconds)

Jan 15 1980 (FN)

Vance Vs. Terrazas

Court : US Supreme Court

Decided on : Jan-15-1980

..... concluded by describing the rebuttable presumption of voluntariness in 1481(c). [ footnote 9 ] the secretary asserts that the 1481(c) presumption cannot survive constitutional scrutiny if we hold that intent to relinquish citizenship is a necessary element in proving expatriation. brief for appellant 26. the predicate for this assertion seems to be that 1481(c) presumes intent to ..... , 387 u. s. 268 (1967), " protect[s] every citizen of this nation against a congressional forcible destruction of his citizenship,'" and that every citizen has "`a constitutional right to remain a citizen . . . unless he voluntarily relinquishes that citizenship.'" app. to juris.statement 25a. a person of dual nationality, the district court said, "will be held to have expatriated himself ..... end, of the inquiry. it remains the task of this court to determine when those rules and standards impinge on constitutional rights. as my brother stevens indicates, the court's casual dismissal of the importance of american citizenship cannot withstand scrutiny. and the mere fact that one who has been expatriated is not locked up in a prison ..... footnote 1 ] the page 444 u. s. 255 issues in this case are whether, in establishing loss of citizenship under 1481(a)(2), a party must prove an intent to surrender united states citizenship and whether the united states constitution permits congress to legislate with respect to expatriation proceedings by providing the standard of proof and the statutory presumption contained .....

Tag this Judgment!

Jun 02 1980 (FN)

Walker Vs. Armco Steel Corp.

Court : US Supreme Court

Decided on : Jun-02-1980

..... with the federal rule. under hanna, petitioner contends, the appropriate question is whether rule 3 is within the scope of the rules enabling act and, if so, within the constitutional power of congress. in petitioner's view, the federal rule is to be applied unless it violates one of those two restrictions. this argument ignores both the force of stare ..... barred in the state courts by the state statute of limitations should proceed through litigation to judgment in federal court solely because of the fortuity that there is diversity of citizenship between the litigants. the policies underlying diversity jurisdiction do not support such a distinction between state and federal plaintiffs, and erie and its progeny do not permit it. the ..... courts exercising diversity jurisdiction need not, in matters of "general jurisprudence," apply the nonstatutory law of the state. the court noted page 446 u. s. 745 that "[d]iversity of citizenship jurisdiction was conferred in order to prevent apprehended discrimination in state courts against those not citizens of the state," erie r. co. v. tompkins, supra at 304 u. s. ..... period. federal rule of civil procedure 3 provides that a civil action is commenced by filing a complaint. in this case, petitioner's personal injury action, based on diversity of citizenship, was brought against respondent m federal district court in oklahoma, and, although the complaint was filed within oklahoma's 2-year statute of limitations, service on respondent was not .....

Tag this Judgment!

Feb 27 1980 (FN)

Lewis Vs. United States

Court : US Supreme Court

Decided on : Feb-27-1980

..... or transportation of a firearm by felons, veterans who are discharged under dishonorable conditions, mental incompetents, aliens who are illegally in the country, and former citizens who have renounced their citizenship, constitutes -- " "(1) a burden on commerce or threat affecting the free flow of commerce," "(2) a threat to the safety of the president of the united states and vice ..... statute to prohibit the possession of firearms only by those who have been constitutionally convicted of a felony. the court nevertheless adopts the government's construction, relying on a supposed legislative resolve to enact a sweeping measure against the misuse of firearms. ..... as the basis for prosecution. tr. of oral arg. 29-30. the second is petitioner's -- that the predicate conviction must be not only outstanding, but also constitutionally valid. because either interpretation fairly comports with the statutory language, surely the principle of lenity requires us to resolve any doubts against the harsher alternative, and to read the ..... outstanding prior felony conviction, and that the statutory prohibition applied irrespective of whether that prior conviction was subject to collateral attack. the court of appeals also rejected lewis' constitutional argument to the effect that the use of the prior conviction as a predicate for his prosecution under 1202(a)(1) violated his rights under the fifth and sixth .....

Tag this Judgment!

Apr 15 1980 (FN)

Roberts Vs. United States

Court : US Supreme Court

Decided on : Apr-15-1980

..... social obligation," ibid. all citizens apparently are "obliged to assist the authorities" in this way, and petitioner's failure to do so was not only "a badge of irresponsible citizenship," but constituted "antisocial conduct" as well. ante at 445 u. s. 558 , 445 u. s. 559 . the court supports its stern conclusions about petitioner's civic duty only ..... justified without additional information. [ footnote 2/6 ] the enhancement of petitioner's sentence, then, was impermissible because it may have burdened petitioner's exercise of his constitutional rights or been based on a factor unrelated to the permissible goals of sentencing. in addition, it represented an improper involvement of the judicial office in the prosecutorial function ..... inferences. at the least, sentencing judges should conduct an inquiry into the circumstances of silence where a defendant indicates before sentencing that his refusal to cooperate is prompted by constitutionally protected, or morally defensible, motives. furthermore, especially where conviction is based upon a guilty plea, it may be advisable for trial judges to raise the question of ..... even after the prosecutor observed that the failure to cooperate could be viewed as evidence of continuing criminal intent, petitioner remained silent. petitioner insists that he had a constitutional right to remain silent, and that no adverse inferences can be drawn from the exercise of that right. we find this argument singularly unpersuasive. the fifth amendment privilege .....

Tag this Judgment!

Apr 22 1980 (FN)

City of Mobile Vs. Bolden

Court : US Supreme Court

Decided on : Apr-22-1980

..... consequences could raise a "strong inference that the adverse effects were desired," but refused to treat this presumption as conclusive in cases alleging discriminatory distribution of constitutional gratuities. i would apply the common law foreseeability presumption to the present cases. the plaintiffs surely proved that maintenance of the challenged multimember districting would have ..... vote-dilution decisions, then, involve the fundamental interest branch, rather than the antidiscrimination branch, of our jurisprudence under the equal protection clause. they recognize a substantive constitutional right to participate on an equal basis in the electoral process that cannot be denied or diminished for any reason, racial or otherwise, lacking quite substantial justification. ..... designing electoral districts along racial or religious lines." " * * * *" "when racial or religious lines are drawn by the state, the multiracial, multireligious communities that our constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion, rather than to political issues, are generated; communities seek not the best ..... they stand simply for the proposition that, "if a challenged state statute grants the right to vote to some bona fide residents of requisite age and citizenship and denies the franchise to others, the court must determine whether the exclusions are necessary to promote a compelling state interest." kramer v. union school district, .....

Tag this Judgment!

May 19 1980 (FN)

Navarro Savings Assn. Vs. Lee

Court : US Supreme Court

Decided on : May-19-1980

..... give such a characterization of its legal nature controlling weight. it seems preferable to me to treat fidelity as a form of unincorporated business association, and determine its citizenship according to the real party in interest test utilized by the court of appeals. one factor that would seem especially pertinent in applying that test is the conclusion ..... [ footnote 9 ] there is a "rough symmetry" between the "real party in interest" standard of rule 17(a) and the rule that diversity jurisdiction depends upon the citizenship of real parties to the controversy. but the two rules serve different purposes, and need not produce identical outcomes in all cases. note, diversity jurisdiction over unincorporated business entities: ..... 463 similar principles governed diversity jurisdiction long before the advent of uniform rules of procedure. [ footnote 10 ] in 1870, the court declared that jurisdiction properly founded upon the diverse citizenship of individual trustees "is not defeated by the fact that the parties whom they represent may be disqualified." coal co. v. blatchford, 11 wall. at 78 u. s. ..... "deemed" citizens, see n 7, supra, unincorporated associations remain mere collections of individuals. when the "persons composing such association" sue in their collective name, they are the parties whose citizenship determines the diversity jurisdiction of a federal court. great southern fire proof hotel co. v. jones, 177 u. s. 449 , 177 u. s. 456 (1900) (limited partnership .....

Tag this Judgment!

Jul 02 1980 (FN)

Fullilove Vs. Klutznick

Court : US Supreme Court

Decided on : Jul-02-1980

..... although this record suffices to support the congressional judgment that minority contractors suffered identifiable discrimination, congress need not be content with findings that merely meet constitutional standards. race-conscious remedies, popularly referred to as affirmative action programs, almost invariably affect some innocent persons. see infra at 448 u. s. ..... s. 103 . "it is perfectly clear that neither the congress nor the president has ever required the civil service commission to adopt the citizenship requirement as a condition of eligibility for employment in the federal civil service. on the other hand, in view of the fact that the ..... the dramatic differences between these two legislative responses to racial injustice reveals not merely a difference in legislative craftsmanship, but a difference of constitutional significance. whereas the enactment of the voting rights act was preceded by exhaustive hearings and debates concerning discriminatory denial of access to ..... racial classes by criteria that can be administered objectively, it must study precedents such as the first regulation to the reichs citizenship law of november 14, 1935, translated in 4 nazi conspiracy and aggression, document no. 1417-ps, pp. 8-9 (1946): "on ..... the basis of article 3, reichs citizenship law, of 15 sept. 1935 (rgb1. i, page 146) the following is ordered:" " * * * *" " article 5" "1. a jew .....

Tag this Judgment!

Jun 10 1980 (FN)

Jenkins Vs. Anderson

Court : US Supreme Court

Decided on : Jun-10-1980

..... . the criminal defendant, no less than any other citizen, is obliged to assist the authorities." (footnote omitted.) [ footnote 2/6 ] "petitioner insists that he had a constitutional right to remain silent and that no adverse inferences can be drawn from the exercise of that right. we find this argument singularly unpersuasive. the fifth amendment privilege against compelled ..... failure to volunteer incriminating statements impermissibly infringes the privilege against self-incrimination. third, the availability of the inference for impeachment purposes impermissibly burdens the decision to exercise the constitutional right to testify in one's own defense. a the use of prior silence for impeachment purposes depends, as the majority recognizes, ante at 447 u. s ..... 113. although the term "misprision of felony" now has an archaic ring, gross indifference to the duty to report known criminal behavior remains a badge of irresponsible citizenship." "this deeply rooted social obligation is not diminished when the witness to crime is involved in illicit activities himself. unless his silence is protected by the privilege against ..... denied leave to appeal. the petitioner then sought a writ of habeas corpus from the federal district court for the eastern district of michigan, contending that his constitutional rights were violated when the prosecutor questioned him concerning prearrest silence. a federal magistrate concluded that the petition for habeas corpus relief should be denied. the .....

Tag this Judgment!

Jan 21 1980 (FN)

Estes Vs. Metropolitan Branches, Dallas Naacp

Court : US Supreme Court

Decided on : Jan-21-1980

..... bd. of education v. spangler, which arose several years after a local desegregation plan had been implemented. [ footnote 15 ] we held in that case that the constitution does not require that a desegregation decree be modified periodically as migration patterns shift the distribution of the races within the school district. the court recognized that, absent further ..... . and students whose parents elect to live beyond the reach of the court decree lose the benefits of attending ethnically diverse schools, an experience that prepares a child for citizenship in our pluralistic society. [ footnote 18 ] iii the district court in this litigation was properly concerned over resegregation and community support for the dallas schools. [ footnote ..... u. s. 445 much of the confusion that has plagued this litigation derives from neglect of these principles. the district court failed to identify the link between the constitutional violation and the desegregation remedy, and the court of appeals showed little concern for either that problem or the question of effectiveness. unless courts carefully consider those issues ..... the school board and the court must consider many economic, social, and educational factors, and those factors vary widely from community to community. courts frequently are caught between the constitutional prohibition against segregation and the severe limitations on their ability to implement an effective plan with public support. see columbus bd. of education v. penick, 443 u. s .....

Tag this Judgment!

Apr 15 1980 (FN)

United States Vs. Mitchell

Court : US Supreme Court

Decided on : Apr-15-1980

..... need not consider whether, had congress actually intended the general allotment act to impose upon the government all fiduciary duties ordinarily placed by equity upon a trustee, the act would constitute a waiver of sovereign immunity. we conclude that the act created only a limited trust relationship between the united states and the allottee that does not impose any duty upon ..... timber mismanagement. they also contend that the general allotment act and the treaty of olympia, 12 stat. 971 (1859), create trust responsibilities on the part of the united states that constitute implied contracts within the scope of the tucker act. because the respondents did not raise these contentions in the court of claims, we will not consider them. e.g., adickes ..... and for the allotment of lands to the indians in severalty, in order that they may possess them individually and proceed to qualify themselves for the duties and responsibilities of citizenship." id. at 11. he asserted that one object of the bill was to enable indians "to support themselves by industry and toil." ibid. [ footnote 6 ] see n 1, supra. [ footnote ..... to secure a court adjudication on any misappropriations of indian funds or of any other indian property by federal officials that might occur in the future." ibid. such misappropriations could constitute takings for which just compensation is required by the fifth amendment, and this court has long held that such a claim is within the jurisdiction of the court of claims .....

Tag this Judgment!


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