Trop v. Dulles | |
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Argued May 2, 1957 Reargued October 28–29, 1957 Decided March 31, 1958 | |
Full case name | Albert L. Trop v. John Foster Dulles, Secretary of State, et al. |
Citations | 356 U.S. 86 (more) 78 S. Ct. 590; 2 L. Ed. 2d 630; 1958 U.S. LEXIS 1284 |
Case history | |
Prior | Both District and Second Circuit Court of Appeals rejected Trop's claim |
Holding | |
At least as applied in this case to a native-born citizen of the United States who did not voluntarily relinquish or abandon his citizenship or 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 thereof by court martial and as a result of such conviction is dismissed or dishonorably discharged from the service, is unconstitutional. | |
Court membership | |
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Case opinions | |
Plurality | Warren, joined by Black, Douglas, Whittaker |
Concurrence | Black, joined by Douglas |
Concurrence | Brennan |
Dissent | Frankfurter, joined by Burton, Clark, Harlan |
Laws applied | |
U.S. Const. amend. VIII |
Trop v. Dulles, 356 U.S. 86 (1958), was a United States Supreme Court case in which the Court ruled that it was unconstitutional to revoke citizenship as a punishment for a crime. The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence.
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