Trop v. Dulles

Trop v. Dulles
Argued May 2, 1957
Reargued October 28–29, 1957
Decided March 31, 1958
Full case nameAlbert L. Trop v. John Foster Dulles, Secretary of State, et al.
Citations356 U.S. 86 (more)
78 S. Ct. 590; 2 L. Ed. 2d 630; 1958 U.S. LEXIS 1284
Case history
PriorBoth District and Second Circuit Court of Appeals rejected Trop's claim
Holding
At least as applied in this case to a native-born citizen of the United States who did not voluntarily relinquish or abandon his citizenship or become involved in any way with a foreign nation, § 401(g) of the Nationality Act of 1940, as amended, which provides that a citizen "shall lose his nationality" by deserting the military or naval forces of the United States in time of war, provided he is convicted thereof by court martial and as a result of such conviction is dismissed or dishonorably discharged from the service, is unconstitutional.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Harold H. Burton
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Charles E. Whittaker
Case opinions
PluralityWarren, joined by Black, Douglas, Whittaker
ConcurrenceBlack, joined by Douglas
ConcurrenceBrennan
DissentFrankfurter, joined by Burton, Clark, Harlan
Laws applied
U.S. Const. amend. VIII

Trop v. Dulles, 356 U.S. 86 (1958), was a United States Supreme Court case in which the Court ruled that it was unconstitutional to revoke citizenship as a punishment for a crime. The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence.


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