Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1944 Page 1 of about 10 results (0.045 seconds)

Jun 12 1944 (FN)

Baumgartner Vs. United States

Court : US Supreme Court

Decided on : Jun-12-1944

..... , 270 u. s. 578 . from the earliest days of the republic, congress has required as a condition of citizenship that the alien renounce his foreign allegiance and swear allegiance to this country and its constitution. act of january 29, 1795, 1 stat. 414. by this requirement, congress has not used meaningless words. nor, ..... the evidence was insufficient to sustain the charges that, at the time of his admission to citizenship, the defendant did not truly and fully renounce his foreign allegiance, and did not in fact intend to support the constitution and laws of the united states. p. 322 u. s. 677 . 138 f.2d ..... germany, and that he did not in fact intend to support the constitution and laws of the united states and to give them true faith and allegiance, are the charges of fraud and illegality on which his citizenship is claimed forfeit. as is true of the determination of all issues of ..... complaint and of the findings and opinions below is that baumgartner consciously page 322 u. s. 672 withheld allegiance to the united states and its constitution and laws; in short, that baumgartner was guilty of fraud. to prove such intentional misrepresentation, evidence calculated to establish only the objective falsity of ..... 29 reversed. certiorari, 321 u.s. 756, to review the affirmance of a decree which, in a proceeding brought by the united states, set aside an order admitting the defendant to citizenship and canceled .....

Tag this Judgment!

Jan 17 1944 (FN)

Snowden Vs. Hughes

Court : US Supreme Court

Decided on : Jan-17-1944

..... united states by the privileges and immunities clause includes those rights and privileges which, under the laws and constitution of the united states, are incident to citizenship of the united states, but does not include rights pertaining page 321 u. s. 7 to state citizenship and derived solely from the relationship of the citizen and his state established by state law. in re ..... 251 . take the present case. the plaintiff complains that he has been denied the equal page 321 u. s. 17 protection of the laws of illinois precisely because the defendants, constituting the state canvassing board, have willfully, with set purpose to withdraw from him the privileges afforded by illinois, disobeyed those laws. to adapt the language of an earlier opinion, i ..... , and therefore a denial of the equal protection of the laws? see backus v. fort st. union depot co., 169 u. s. 557 , 169 u. s. 571 . but, to constitute such unjust discrimination, the action must be that of the state. since the state, for present purposes, can only act through functionaries, the question naturally arises what functionaries, acting under ..... with the secretary of state a correct certificate showing that petitioner was one of the republican nominees, that they conspired and confederated together for that purpose, and that their action constituted "an unequal, unjust and oppressive administration" of the laws of illinois. it alleges that horner, hughes and lewis, acting as state officials under color of the laws of illinois, .....

Tag this Judgment!

Dec 18 1944 (FN)

Korematsu Vs. United States

Court : US Supreme Court

Decided on : Dec-18-1944

..... that period, a succeeding commander may revoke it all. but once a judicial opinion rationalizes such an order to show that it conforms to the constitution, or rather rationalizes the constitution to show that the constitution sanctions such an order, the court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting american citizens. the ..... all persons born of japanese nationals wherever located. japan has greatly modified this doctrine, however, by allowing all japanese born in the united states to renounce any claim of dual citizenship and by releasing her claim as to all born in the united states after 1925. see freeman, "genesis, exodus, and leviticus: genealogy, evacuation, and law," 28 cornell l. ..... report, pp. 10-11. no sinister correlation between the emperor worshipping activities and disloyalty to america was shown. [ footnote 3/6 ] final report, p. 22. the charge of "dual citizenship" springs from a misunderstanding of the simple fact that japan, in the past, used the doctrine of jus sanguinis, as she had a right to do under international law, and ..... by strong ties of race, culture, custom and religion." [ footnote 3/4 ] they are claimed to be given to "emperor worshipping ceremonies," [ footnote 3/5 ] and to "dual citizenship." [ footnote 3/6 ] japanese language schools and allegedly pro-japanese organizations are cited as evidence of possible group disloyalty, [ footnote 3/7 ] together with facts as to page 323 u .....

Tag this Judgment!

Dec 18 1944 (FN)

Ex Parte Endo

Court : US Supreme Court

Decided on : Dec-18-1944

..... some inferior public servant exceeded the authority granted by executive order in this case. such a basis of decision will render easy the evasion of law and the violation of constitutional rights, for when conduct is called in question the obvious response will be that, however much the superior executive officials knew, understood, and approved the conduct of their subordinates, those ..... agree with the reasons stated in the opinion of the court for reaching that result. as in korematsu v. united states, 323 u. s. 214 , the court endeavors to avoid constitutional issues which are necessarily involved. the opinion, at great length, attempts to show that neither the executive nor the legislative arm of the government authorized the detention of the relator ..... ] the form of a citizen's indefinite leave is as follows: "this is to certify that _________, a united states citizen, who has submitted to me sufficient proof of such citizenship, residing within _________ relocation area, is allowed to leave such area on _____, 19__, and subject to the terms of the regulations of the war relocation authority relating to the ..... approach which we think should be made to an act of congress or an order of the chief executive that touches the sensitive area of rights specifically guaranteed by the constitution. this court has quite consistently given a narrower scope for the operation of the presumption of constitutionality when legislation appeared on its face to violate a specific prohibition of the .....

Tag this Judgment!

Apr 24 1944 (FN)

Great Northern Life Ins. Co. Vs. Read

Court : US Supreme Court

Decided on : Apr-24-1944

..... of suit in a federal court is lacking, and intrinsic policy does not suggest restrictive interpretation to withdraw from a federal court questions of federal constitutional law. legislation giving consent to sue is not to be treated in the spirit in which seventeenth century criminal pleading was construed. only by ..... the case is now made to turn was not even discussed by the circuit court of appeals. that court, i believe, properly passed on the constitutional merits, but since the case here goes off on jurisdiction, i intimate no views upon them. [ footnote 2/1 ] the swartwout scandal led ..... claims of sovereignty which are sought to be respected must surely be attenuated and capricious. the eleventh amendment has put state immunity from suit into the constitution. therefore, it is not in the power of individuals to bring any state into court -- the state's or that of the united states ..... u. s. 320 ; louisiana v. junel, 107 u. s. 711 , 107 u. s. 720 . a state's freedom from litigation was established as a constitutional right through the eleventh amendment. the inherent nature of sovereignty prevents actions against a state by its own citizens without its consent. hans v. louisiana, 134 u. s. ..... with certain specified fees, was in lieu of all other taxes and fees in oklahoma. petitioner paid the tax under protest and, alleging diversity of citizenship, 28 u.s.c. 41, brought suit against the insurance commissioner in the district court of the united states. the procedure for recovery is .....

Tag this Judgment!

Feb 07 1944 (FN)

Brown Vs. Gerdes

Court : US Supreme Court

Decided on : Feb-07-1944

..... litigated in their courts, and under what conditions, than it gives with reference to rights directly secured by the constitution, such as those guaranteed by the full faith and credit clause, see anglo-american provision co. v. davis provision co. no. 1, supra, ..... the court's opinion relating to new york law nor the application given to chapter x, both of which must be inescapable before we even reach the constitutional issue needlessly projected. 7. hines v. lowrey, 305 u. s. 85 , does not touch this problem. that case involved 500 of the world war ..... has prescribed for its own litigants to whom access to its courts is given in like cases. and certainly such a wholly novel doctrine of constitutional law should not be resorted to gratuitously when the case before us can be disposed of on the conclusive ground that the litigation conducted in ..... it certainly has not done so by the bankruptcy act, nor can any implication to that effect be derived from the supremacy clause of the constitution. for the supremacy clause does not give greater supremacy to the bankruptcy act over the free scope of the states to determine what shall be ..... whether, in suits by trustees in bankruptcy against adverse claimants, the jurisdiction of the district courts rests on consent of the parties, regardless of diversity of citizenship. schumacher v. beeler, 293 u. s. 367 . the fact that the suits against the former officers and directors of the debtor could have been .....

Tag this Judgment!

Feb 28 1944 (FN)

Stark Vs. Wickard

Court : US Supreme Court

Decided on : Feb-28-1944

..... which, and the procedures by which, different measures of control afford judicial review of administrative action. except in those rare instances, as in a claim of citizenship in deportation proceedings, when a judicial trial becomes a constitutional requirement because of "[t]he difference of security of judicial over administrative action," ng fung ho. v. white, 259 u. s. 276 , 259 ..... federal agency, as we have here, and yet limit its enforceability to administrative determination, despite the existence of federal courts of general jurisdiction established under article iii of the constitution, the congressional grant of jurisdiction of this proceeding appears plain. there is no page 321 u. s. 308 direct judicial review granted by this statute for these proceedings. ..... his interest must rise to the dignity of an interest personal to him, and not possessed by the people generally. [ footnote 19 ] such a claim is of that character which constitutionally permits adjudication by courts under their general powers. [ footnote 20 ] page 321 u. s. 305 we deem it clear that, on the allegations of the complaint, these producers ..... the existence of courts and the intent of congress as deduced from the statutes and precedents. p. 321 u. s. 307 . 3. under article iii of the constitution, congress established courts to adjudicate cases and controversies as to claims of infringement of individual rights, whether by unlawful action of private persons or by the exertion of unauthorized administrative .....

Tag this Judgment!

May 29 1944 (FN)

De Castro Vs. Board of Comm'rs of San Juan

Court : US Supreme Court

Decided on : May-29-1944

..... different polities, the rule we have announced has special importance. repeated admonitions that, in cases coming from the puerto rican insular courts to the federal courts for review, where the constitution or statutes of the united states were not involved, great deference must be paid to page 322 u. s. 458 local decisions having failed of their purpose, see bonet v ..... the tenure by good faith abolition of the office, shira v. state, 187 ind. 441, 119 n.e. 833, 834; that such a provision is not necessarily inconsistent with a constitutional restriction on the number of years for which the office can be held, but will be read as creating a tenure for a term of years during good behavior, callaghan ..... " to appeals which the statutes of the united states allow to puerto rican litigants in the insular courts, and "discriminates in favor of the fortunate persons" who, through diversity of citizenship, can take their cases to the united states district court for puerto rico, [ footnote 1 ] instead of to the insular courts. petitioner brought the present proceeding by petition for certiorari .....

Tag this Judgment!

May 15 1944 (FN)

Huddleston Vs. Dwyer

Court : US Supreme Court

Decided on : May-15-1944

..... . respondents brought suit in 1937 in the district court for eastern oklahoma against the county, its board of commissioners, and other officers of the county and city, alleging diversity of citizenship, and seeking a judgment fixing the county's liability under state law for the assessments and asking mandamus to compel a tax levy by the county officials for the payment .....

Tag this Judgment!

Jan 17 1944 (FN)

Trainmen Vs. Toledo, P. and W. R. Co.

Court : US Supreme Court

Decided on : Jan-17-1944

..... in the lower courts and here. stated in the form of petitioners' contentions, they are: (1) the district court was without jurisdiction, since there is no claim of diversity of citizenship and, it is said, no federal question is involved; [ footnote 5 ] (2) the page 321 u. s. 55 evidence was not sufficient to show that the public authorities were unwilling .....

Tag this Judgment!


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