Atty., Eastern Dist. Trop v. Dulles, 356 U.S. 86 (1958) Trop v. Dulles. Section 1483(a) of Title 8 provides that, except for subsections (7), (8) and (9), none of the acts mentioned in § 1481, shall result in "expatriation" if they occur within the United States, unless they are followed by a "residence outside the United States." For what other possible reason could he have made the specific and exact citation I have given above? 297, held that the Act of 1907, 34 Stat. We will also assume, arguendo, that the same is true when the act is under duress; but when it is voluntary and the actor is sui juris, it is not necessary that he shall be aware that what he does will "expatriate" him, any more than it is in many other situations where the law imposes liability regardless of the actor's knowledge of the legal effects of his act. Despite testifying that he "decided to return to the stockade" when he was picked up, a general court martial convicted Trop of desertion and sentenced him to three years at hard labor, loss of all pay and allowances, and a dishonorable discharge. Periodical. https://www.loc.gov/item/usrep356086/. Citing Primary Sources. In such a case the voluntary action which is of the essence of the right of expatriation is lacking." The sentence of the court was that he was "to be dishonorably discharged from the service, to forfeit all pay and allowances due and to become due, and to be confined at hard labor * * * for three (3) years." Click here to remove this judgment from your profile. Indeed, the proviso for possible restoration of "nationality" makes it impossible to suppose that the crime was confined to desertion to the enemy. U.S. Reports: Peyton v. Rowe, 391 U.S. 54 (1968). In this article, I draw from this case to argue for a broader ‘Trop principle’ of justifiable state punishment. More about Copyright and other Restrictions. Solicitor General. 17, 97 L.Ed. Audio Transcription for Oral Reargument - October 28, 1957 in Trop v. Dulles Audio Transcription for Oral Argument - May 02, 1957 in Trop v. Dulles Audio Transcription for Oral Reargument - October 29, 1957 in Trop v. Dulles Earl Warren:-- Petitioner, versus John Foster Dulles, Secretary of State of the United States. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Warren, E. & Supreme Court Of The United States. 287, a native citizen in 1940 married a citizen of Italy then in this country, and between 1941 and 1945 lived with him in Italy as his wife. (A 1944 amendment modified the Act such that a deserter would lose his citizenship only if, on these grounds, he had been dishonorably discharged or dismissed from the military.). The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence. 638. of New York, Brooklyn, N.Y., for defendants-appellees. Get 1 point on providing a valid sentiment to this Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. The US district court ruled in favor of the government, and the United States Court of Appeals for the Second Circuit upheld the decision of the district court. A day later, Trop willingly surrendered to an army truck headed back to Casablanca. In 1952, Trop applied for a passport, which was denied because the Nationality Act of 1940 provided that members of the armed forces of the United States who deserted would lose their citizenship. ", natural born citizen of the United States, United States Court of Appeals for the Second Circuit, List of United States Supreme Court cases, volume 356, https://en.wikipedia.org/w/index.php?title=Trop_v._Dulles&oldid=972958295, United States Supreme Court cases of the Warren Court, Cruel and Unusual Punishment Clause case law, American Civil Liberties Union litigation, Creative Commons Attribution-ShareAlike License, Both District and Second Circuit Court of Appeals rejected Trop's claim. 1958 by vote of 5 to 4; Warren, joined by Black, Douglas, and Whittaker, for the plurality, Brennan concurring, Frankfurter, Burton, Clark, and Harlan in dissent. 1957. The plaintiff did not suggest anything of the kind in his complaint, or upon the motion for summary judgment; Judge Inch did not mention it in disposing of the motion, nor did the plaintiff do so in argument. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 146. I agree with the author's documented conclusions therein that punitive expatriation of persons with no other nationality constitutes cruel and unusual punishment and is invalid as such. Get 1 point on adding a valid citation to this judgment. Argued May 2, 1957. 106, 60 L. Ed. U.S. Reports: Sacher v. United States, 356 U.S. 576 (1958). See also Revedin v. Acheson, 2 Cir., 194 F.2d 482 , certiorari denied 344 U.S. 820, 73 S.Ct. Also available on microfilm (Law Library Microfilm 84/10004). 292, 94 L.Ed. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 356 U.S. 86. There is still another reason why we may not limit the word "desertion" to desertion to an enemy of the United States. The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence. Nevertheless the court held that under the Act of 1940 she had done so, because her "place of general abode" between 1941 and 1945 had been Italy, § 1101(a) (33), Title 8 U.S.C.A.

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