Schneider v. Rusk
Schneider v. Rusk, 377 U.S. 163 (1964), was a United States Supreme Court case which invalidated a law that treated naturalized and native-born citizens differentially under the due process clause of the Fifth Amendment.[1]
| Schneider v. Rusk | |
|---|---|
 | |
| Argued April 2, 1964 Decided May 18, 1964 | |
| Full case name | Schneider v. Rusk |
| Citations | 377 U.S. 163 (more) 84 S. Ct. 1187; 12 L. Ed. 2d 218; 1964 U.S. LEXIS 1275 |
| Case history | |
| Prior | Judgment for defendant, 218 F. Supp. 302 (D.D.C. 1963); probable jurisdiction noted, 375 U.S. 893 (1963). |
| Subsequent | None |
| Holding | |
| Naturalized U.S. citizens have the right to return to and reside in their native countries, and retain their U.S. citizenship, even if they never return to the United States. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas, joined by Warren, Black, Stewart, Goldberg |
| Dissent | Clark, joined by Harlan, White |
| Brennan took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. V | |
Background
Angelika Schneider was born in Germany. She came to the US with her parents and became a United States citizen upon their naturalization at age 16. When she graduated from college, she moved back to Germany.
The State Department claimed Schneider had lost her US citizenship in accordance with a section of the Immigration and Nationality Act which revoked the citizenship of any naturalized citizen who returned to his or her country of birth and remained there for at least three years.
Opinion
The Supreme Court held that since no provision of the law stripped natural-born Americans of their citizenship as a result of extended or permanent residence abroad, it was unconstitutionally discriminatory to apply such a rule only to naturalized citizens.
Sources
- Schneider v. Rusk: Great American Court Cases
- The Supreme Court: Welcome Home TIME, May 29, 1964
External links
Works related to Schneider v. Rusk (377 U.S. 163) at Wikisource- Text of Schneider v. Rusk, 377 U.S. 163 (1964) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)