Trop v. Dulles
1958 United States Supreme Court case / From Wikipedia, the free encyclopedia
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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.
Quick Facts Trop v. Dulles, Argued May 2, 1957Reargued October 28–29, 1957 Decided March 31, 1958 ...
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 |
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