Expatriation, or denaturalization, is defined as "to send into exile", and is synonymous with banishment. Trop v. Dulles [356 U.S. 86 (1958)] has become a landmark case involving the expatriation of a U.S. soldier during World War II, and has subsequently had great impact on all other Supreme Court cases that are argued on the basis of the Eighth Amendment to the Constitution. To begin, the background of the case and the opinions of the Justices, consenting and dissenting, must be analyzed. Then we shall investigate the history of the act of denaturalization and the effect Trop v. Dulles has had on other Supreme Court cases involving it, and the Eighth Amendment. Finally, we will discuss the Patriot Act II, a future bill that could be passed by Congress as early as this year, and how Trop v. Dulles continues to influence politics by calling into question this bill's constitutionality. .
In 1944, the petitioner was a private in the U.S. Army. On May 22, he escaped from Casablanca, where he was being detained for an unrelated breach of discipline. Military authorities arrested him less than a day later and subsequently court-martialed him with a dishonorable discharge. In 1952, he applied for a passport, but he was denied on the ground that he was not a citizen of the United States of America under Section 401(g) of the Nationality Act of 1940, as amended; "he has lost his citizenship due to his conviction and dishonorable discharge for wartime desertion" . Based on a Civil War statute, Section 401(g) was created in 1865 to attempt to curb the problem of Union desertions. The case in question was decided on a vote of 5-4, with the decision in favor of Trop, and the loss of nationality resulting from a court martial following conviction of desertion, article 401(g) of the Nationality Act of 1940, was declared unconstitutional.
Chief Justice Warren, joined by Justices Black, Douglas, and Whittaker, concluded for the majority that citizenship is not subject to the general powers of the National Government and therefore cannot be divested in the exercise of the powers.
A United States citizen has duties they should participate in for their country. A few examples of duties are: serving in a jury if called upon, staying informed about the community in which a citizen lives, and participating in the Democratic process. A part of the Democratic process is having the ...
better or for worse the constitution often uses vague wording to state a law. This may have very well been intentional. Perhaps the framers of the constitution wanted to establish a belief but allow it to adjust to the interpretations of the times. What exactly did the framers have in mind when they...
Case Name, Number and Date Miller v. Alabama, 132 S. Ct. 2455, No. 10-9646 (2012) Jackson v. Hobbs, 132 S. Ct. 2455, No. 10-9647 (2012) Parties Miller (defendant, appellant, petitioner) and Alabama (plaintiff, appellee, respondent) Jackson (defendant, appellant, petitioner) and Hobbs (plaintiff, ap...
Near Reeds Spring, Missouri, a 69-year-old man, the man's wife, and their 19-year-old paraplegic grandson were walking along a path. All of a sudden a man in camouflage jumps out of the woods and shoots each of them at point-blank range. The man confessed to the murder and was convicted. If this...
The question that my group chose to investigate was, what makes a paper airplane fly best? ... The results of this investigation are useful to our understanding of aqua dynamics and the four forces of flight. ... Also, different heavier material should be used during the investigation because of the thickness of water. The investigation can be improved by using more prior knowledge of the lab and understanding that not every piece of data will prove your hypothesis. ... We worked together as one and we each had responsibilities during this lab investigation. ...
As stated by fellow student Melissa Devault "Due process begins when an investigation of a particular suspect related to a crime begins. ... The exclusionary rule derived from Mapp v. ... California, 110 U.S. 516 (1884); Palko v. Connecticut, 302 U.S. 319, 323 (1937); Alexander v. ... This principle is seen and cited in cases such as Murphy v. ...
After the disaster, President Kennedy ordered a full investigation. ... Before the invasion took place, Director Dulles shows how little he thought of the brigade. Dulles displays the same attitude during the investigation: Statement: Without training and instruction, they would never have gone guerilla. Dulles: I wouldn't wholly buy that. ... Dulles did not mind sacrificing the Cubans. ...
This group is who performed the investigation, the federal government. ... Callahan stated "Even when the commission would bring this topic up, Allen Dulles, former director of The Central Intelligence agency, would try to get the investigation of the committee away from the subject of Cuba,"(Callahan 128). The actions of Dulles lead one to think that the CIA was involved in something with Cuba. The way Dulles skirted around the topic of Cuba could be read to different ways according to Callahan: the first was that he feared the international repercussions. ... If the second of these two ways...
With the advent of more modern technology, a lot of the stress and time required for an investigation is reduced, while the skills of an investigator can be aided so they can work more efficiently. ... With the new facts, the investigator can make new speculations that can aid in the investigation and the investigation process. ... The use of these two senses are vital in an investigators career, and is a great skill set to have, and will aid tremendously in your investigations. ... First and foremost, an investigator needs to be an active learner. ... The investigator will need to be a crit...
