Schneider v. Rusk
Encyclopedia
Schneider v. Rusk, 377 U.S. 163
(1964), was a United States Supreme Court
case which invalidated a law that treated naturalized and native-born citizens differentially under the due process clause of the Fifth Amendment
.
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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1964), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case which invalidated a law that treated naturalized and native-born citizens differentially under the due process clause of the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
.
Background
Angelika Schneider was born in Germany. She came to the US with her parents and became a United States citizen upon their naturalizationNaturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
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.Sources
- Dual Citizenship FAQ: Schneider v. Rusk, 377 U.S. 163 (1964) Richard B. Wales
- Schneider v. Rusk: Great American Court Cases
- The Supreme Court: Welcome Home TIME, May 29 1964
- The citizenship of a child born abroad to a U.S. citizen parent American Citizens Abroad