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x 0-19 (Rev, 10-29-57) ) + The 5 complex division’ ‘at tha, Suprem ¢ the nationality cases Gecided iast monday leaves ruled 5 to 4 that Congress overreached its power when it tried to deprive deserters from the mili- tary forces of their citizenship. Justices Black, arately and Justices Black and Douglas added a brief opinion of their own. Justice Frankfurter Burton, Ciark and Harian. In the other major nationality ease, involving Clemente Martinez Perez, Justice - Frankfurter spoke for a bare majority of five, and there were three Separate dissents. im this case the Court Perer of his citizenship because he voted in a Mexican election. However, the seeming contra- diction between the two decisions is more appar- that section of the Nationality Act of 1940 which would strip a native-born American of hjs citizen- ship for desertion from the Army. “Citizenship,” he pointed out, “is not 2 license that expires upon misbehavior.” The Fourteenth Amendment con- icans, prima ek FAEL Nee So drastic is this “total destruction of the individual's status in organized society,” as the Chief Justice concluded, that 4t amounts to cruel and unusual punishment forbidden by the Eighth Amendment. Incidentally this decision completely 1984 that Communists convicted under ‘the Smith Act be, stripped of their citizenship—a suggestion which Congress wisely Ignored. Born in Texas, Perez had lived in Mexico 23 years a native-born Mexican. He shifted across the border several times as a workman. finally sought admittance to the United States as a citizen, he admitted that he had voted in Mexican political elections and that he had remained in Mexico to escape the United States military draft. The Cougt held that the power of Congress to regulate foreign affairs was ample to permit the _hullification of the citizenship of one who votes in“s-foretzn election. ° gmuch to be desired. In the Trop cise the Court. Douglas and Whittaker joined in Chief Justice Warren's opinion; Justice Brennan concurred sep-- wrote the dissent with the concurrence of Justices” fers national citizenship upon all native-born Amer- We do not think that basic “right to obtain | rights” can be taken away as 4 punishment for ent than real. Some vital distinctions can be . i The Chief Justice made a. powerful case against ; undercuta President Eisenhower's suggestion in The Perez case turned on very different facts. © before he returned to this country claiming to be | When he . ( : M4 Warren atid ‘his begged pgestina 2 ‘thi 3 2 tted that: the ystseh tf ah a PAL sri “af inconsistent with the retentidn ¢ etinenship 2 Mohr result ‘in lon of that status.” This Nation of ‘Nease grante could scarcely inaist that one’s original Peete is ‘maintained through any and all cir cs ale "fumstances.- It is not unreasonable for Congress Trotter {to lay down rules for the forfelture of eltizenship = Clayton ; By native-born Amerieans who bave cieariy trans Tele. Room - "ferred their-alleglance to another country. —. —- Holloman ' The weakness of the Pic) in this particular Gandy "is that it arpealy 6, aks losg. of citizenshi ‘ the Price for any 3 ez in 2 etoretgn election ° regardless. @ Whether ii may be Teasonably con- ' gtrued as 2 sign of transferred allegiance. Allens ; voted in our presidential elections in some states ar until 1928. Perhaps the chief conclusion to be ~~ prawn from these cases is that Congress ough} bo taken 2 manmn mnwatesl Tank 26 bbe nee nleecle = Want @ DGPS Carciis sOUR at is Careiessiy pr ared statute of 1940 before the Court finds necessary to whittle more of it away. Wash. Post and J Times Herald Wash. News Wash. Star N. Y. Herald — Tribune N. ¥. Journal-_— American N. Y. Mitror —— N. Y. Daily New: N. Y. Times —— wr beR Lie i558 - Daily Worker — The Worker ae te eee New Leader .—— — Date ———_—_—_— APR 5 19¢