| Kennedy v. Mendoza-Martinez | |
|---|---|
 | |
| Argued October 10–11, 1961 Reargued December 4–5, 1962 Decided February 18, 1963 | |
| Full case name | Robert F. Kennedy, Attorney General v. Francisco Mendoza-Martinez |
| Citations | 372 U.S. 144 (more) 83 S. Ct. 554; 9 L. Ed. 2d 644; 1963 U.S. LEXIS 2095 |
| Argument | Oral argument |
| Reargument | Reargument |
| Holding | |
| The Immigration and Nationality Act of 1952 provisions which purport to deprive an American of his citizenship for draft evasion, automatically and without any prior judicial or administrative proceedings was unconstitutional, because they are essentially penal in character and would inflict severe punishment without due process of law and without the safeguards which must attend a criminal prosecution under the Fifth and Sixth Amendments. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Goldberg, joined by Warren, Black, Douglas, Brennan |
| Concurrence | Brennan |
| Dissent | Harlan, joined by Clark |
| Dissent | Stewart, joined by White |
Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963), was a Supreme Court of the United States case in which the Court amended United States nationality law with respect to draft evasion.
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