Trop v. Dulles
Read the full opinion on CourtListener · The case as printed (Library of Congress)
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
At least as applied in this case to a native-born citizen of the Vnited States who did not voluntarily relinquish'6r abandon his citizenship ol" become, involved in any way with a foreign nation, § 401 (g) of. the Nationality Act of 1940, as amended, which-provides 'that a citizen "shall lose his 'nationality" by "deserting the.military or naval forces of-the United States in time of war, provided he is convicted tlhereo' by court martial and- as a result of 'such conviction is dismissed or dishonorably discharged from the service," is. unconstitutional. Pp. 87-114.
Printed on p. 86 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
239 F. 2d 527, reversed.
Printed on p. 86 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment VIIIsuggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.4.2, Amdt8.4.3, Amdt8.4.7, Amdt8.4.8, Amdt8.4.9, Amdt8.4.9.1, Amdt8.4.9.10, Amdt8.4.9.2, Amdt8.4.9.8, Amdt8.4.9.9, pp. 1926, 1934, 1935, 1952, 1955.
- Article I, Section 8, Clause 4suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C4.1.6.5, pp. 413, 414.
- Article I, Section 9, Clause 3suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S9.C3.1, ArtI.S9.C3.2, ArtI.S9.C3.3, ArtI.S9.C3.3.1, ArtI.S9.C3.3.3, ArtI.S9.C3.3.4, pp. 532, 535, 540.
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Trop v. Dulles, 356 U.S. 86 (1958)”:
- cited on 12 pages