Participant Info
- Case
- Trop v. Dulles
- Citation
- 356 US 86
- Type
- Concurring
- Year
- 1958
- Description
Chief Justice Warren holds for the Court that the 8th Amendment of the Constitution forbids Congress from authorizing the military courts to withdraw U.S. citizenship from a native-born American because of his conviction by court-martial for wartime desertion. In his concurrence in Trop v. Dulles, Black also writes that “I do not believe that the power to denationalize may be placed in the hands of military authorities… Nothing in the Constitution or its history lends the slightest support for such military control over the right to be an American citizen.”
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