Trop v. Dulles 356 U.S. 86 (1958)

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TROP v. DULLES 356 U.S. 86 (1958)

PEREZ v. BROWNELL 356 U.S. 44 (1958)

In two cases decided the same day the Supreme Court ruled on the constitutionality of the expatriation provisions of the Nationality Act of 1940. In Perez the Court held (5–4) that revocation of citizenship for voting in a foreign election was a valid exercise of governmental control over foreign affairs.

In Trop, however, the Court held unconstitutional (5–4) the involuntary expatriation of a wartime deserter. Chief Justice earl warren, for a plurality, contended that expatriation is cruel and unusual punishment; but william j. brennan, the one justice who changed sides, argued only that Congress's power over citizenship is less extensive when foreign affairs are not involved.

Dennis J. Mahoney