''Schneider v. Rusk'', 377 U.S. 163 (1964), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case which invalidated a law that treated naturalized and native-born citizens differentially under the due process clause of the
Fifth Amendment.
[.]
Background
Angelika Schneider, a German immigrant, came to the US with her parents and became a
United States citizen
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
upon their
naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
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.
References
Sources
Schneider v. Rusk: Great American Court Cases
TIME, May 29, 1964
External links
*
*{{caselaw source
, case=''Schneider v. Rusk'', {{ussc, 377, 163, 1964, el=no
, cornell =https://www.law.cornell.edu/supremecourt/text/377/163
, courtlistener =https://www.courtlistener.com/opinion/106819/schneider-v-rusk/
, findlaw=http://laws.findlaw.com/us/377/163.html
, googlescholar = https://scholar.google.com/scholar_case?case=11983452184005181967
, justia=http://supreme.justia.com/us/377/163/case.html
, loc =http://cdn.loc.gov/service/ll/usrep/usrep377/usrep377163/usrep377163.pdf
, oyez =https://www.oyez.org/cases/1963/368
1964 in United States case law
United States Supreme Court cases
United States Supreme Court cases of the Warren Court
United States immigration and naturalization case law