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United States Case Notes

Published online by Cambridge University Press:  28 March 2017

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Keywords

Nationalityloss of nationality by voting in foreign electioninvoluntary expatriationthe law of the United States
Type
Judicial Decisions
Information
American Journal of International Law , Volume 62 , Issue 1 , January 1968 , pp. 189 - 202
Copyright
Copyright © American Society of International Law 1968 

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References

page no 189 note 1 54 Stat. 1137, as amended, 58 Stat. 746, 8 U.S.C. $801: “ A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: … (e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory.” This provision was re-enacted as $349(a) (5) of the Immigration and Nationality Act of 1952, 66 Stat. 163, 267-268, 8 U.S.C. $1481(a)(5). [Note by the Court.]

page no 189 note 2 “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States… . “ [Note by the Court.]

page no 189 note 3 356 U. S. 44 (1958); 52 A.J.I.L. 767 (1958).

page no 189 note 4 250 F. Supp. 686 (U. S. Dist. Ct. S.D.N.Y., 1966); 361 F. 2d 102 (U. S. Ct. App., 2d Cir. 1966)..

page no 190 note 5 387 U. S. 253 at 256-257.

page no 190 note 6 9 Wheat. 738, 827; 22 U. S. 738 (1824).

page no 191 note 7 387 U. S. 253 at 267-268. Justice Harlan dissented on grounds that the evidence advanced in the majority opinion failed to refute the reasoning of Perez. Justices Clark, Stewart, and White joined in the dissent.

page no 191 note 1 According to Article III of the Treaty of Peace with Japan, 1951: “ Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29° north latitude (including the Eyukyu Islands and the Daito Islands). … Pending the making of such a proposal and affirmative action thereon, the United States will have the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters.” 3 U. S. Treaties 3169, 3172-3173; 136 U. N. Treaty Series 45; 46 A.J.I.L. Supp. 71 (1952). The government for the area was established by Executive Order No. 10713, 22 F.E. 4007.

page no 191 note 2 252 F. Supp. III (1966); digested in 60 A.J.I.L. 866 (1966).

page no 192 note 3 343 TJ. S. 341 (1952); digested in 46 A.J.I.L. 556 (1952).

page no 192 note 4 375 F. 2d 924 at 929.

page no 193 note 1 Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, 1951, 4 U. S. Treaties 1792; 199 U. N. Treaty Series 67; 48 A.J.I.L. Supp. 83 (1954).

page no 193 note 2 376 F. 2d 194 at 196.

page no 193 note 3 22 U.S.C. §611 ff.

page no 193 note 4 18 U.S.C. §3184.

page no 194 note 5 Sec. 3184 provides: “Whenever there is a treaty or convention for extradition between the United States and any foreign government, any justice or judge of the United States, or any commissioner authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within ? the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.“

page no 194 note 6 22 U.S.C.§ 613(g).

page no 194 note 7 348 F. 2d 602 (U. S. Ct. App. 5th Cir., 1965); digested in 60 A.J.I.L. 400 (1966).

page no 194 note 8 268 F. Supp. 332 at 335.

page no 194 note * Digested from a copy made available by Bruno A. Eistau of the Department of Justice.

page no 194 note 1 46 U.S.C. §781 ff.

page no 195 note 2 4 U. S. Treaties 1792; 199 U.N. Treaty Series 67.

page no 195 note 3 Art. VIII (5), 4 IT. S. Treaties 1792 at 1806.

page no 195 note 4 Art. 57, Agreement to Supplement the Agreement of June 19, 1951, between the Parties to the North Atlantic Treaty regarding the Status of Their Forces with Respect to Foreign Forces Stationed in the Federal Republic of Germany, 1959, 14 U. S. Treaties 531 at 597; 481 U. N. Treaty Series 262.

page no 196 note 1 7 U. S, Treaties 1839; 273 U. N. Treaty Series 3,

page no 197 note 2 366 F. Supp. 697 at 703. [Emphasis by court]

page no 198 note 1 Letter from Department of State quoted by court, 269 F. Supp. 703 at 704, note 1.

page no 198 note 2 26 Dept. of State Bull. 984 (1952). See Victory Transport, 336 F. 2d p. 359, 60 Mich. L. Rev. 1142, 1147 (1962). [Note by court.]

page no 198 note 3 “ … Where under International Law a foreign government is not immune from suit, attachment of its property for the purpose of obtaining jurisdiction is not prohibited. In many cases, jurisdiction could probably not be obtained otherwise.'' [Note by court.]

page no 198 note 4 Victory Transport, Inc. v. Comisaria General, 336 F. 2d 354 (U. S. Ct. App., 2d Cir., 1964); 59 A.J.I.L. 388 (1965).

page no 198 note 5 Judge Smith held that unless the act fell into one of the following categories, sovereign immunity should not be available: (1) Internal administrative acts, such as expulsion of an alien. (2) Legislative acts, such as nationalization. (3) Acts concerning the armed forces. (4) Acts concerning diplomatic activity. (5) Public loans. 269 F. Supp. 703 at 705-706. [Note by court.]

page no 199 note * Reproduced in 6 Int. Legal Materials 683 (1967). (Some footnotes omitted, others renumbered.)

page no 199 note 1 Reported in 60 A.J.I.L. 586 (1966).

page no 199 note 2 International Organizations Immunities Act §2(b), 59 Stat. 669 (1945), 22 U.S.C. §288a (1964); printed in 40 A.J.I.L. Supp. 85 (1946). The United States participates in the Inter-American Development Bank pursuant to the Inter-American Development Bank Act, 73 Stat. 301 (1959), 22 U.S.C. §283 (1964).

page no 199 note 3 Exec. Order No. 10873, 25 Fed. Beg. 3097 (1960).

page no 200 note 4 6 Int. Legal Materials 683 at 686-687.

page no 200 note 5 Exec. Order No. 11019, 27 Fed. Keg. 4145 (1962).

page no 201 note 6 Articles of Agreement Establishing the Asian Development Bank, Dec. 4, 1965, Art. 50, par. 1. T.I.A.8., No. 6103.

page no 201 note 7 6 Int. Legal Materials 683 at 692-693,

page no 201 note 8 Ibid. 694.

page no 202 note 1 11 Stat. 587.

page no 202 note 2 280 N.Y.S. 2d 49 at 54 (citations omitted).