United States v. Schwimmer
Encyclopedia
United States v. Schwimmer, 279 U.S. 644
(1929), was a case decided by the Supreme Court of the United States
.
It concerned a pacifist
applicant for naturalization
who in the interview declared not to be willing to "take up arms personally" in defense of the United States
. Originally found unable by the District Court for the Northern District of Illinois
to take the prescribed oath of allegiance
, a decision reversed in appeal, the case was argued before the Supreme Court, which ruled against the applicant, and thus denied her the possibility of becoming a United States citizen.
was a pacifist who would not take the oath of allegiance to become a naturalized citizen. She was born in Hungary
and while in the United States delivering a lecture she decided that she wanted to become a US citizen. When asked if she would be willing to "take up arms in defense of her country" she responded in the negative. She stated that she believed in the democratic ideal, but she asserted that she was an uncompromising pacifist. “My cosmic consciousness of belonging to the human family is shared by all those who believe that all human beings are the children of God.”
, even though the nationalist beliefs of the country may have some conflict with religious beliefs. The case is best known, however, for Justice Holmes's phrase concerning "freedom for the thought that we hate," which has become a favorite statement of the underlying principles of free speech embodied in the First Amendment. The lady would not take the oath of allegiance (the willingness to bear arms in defence goes back to feudal times, and even classical times, - it is not an invention of modern nationalism), therefore she could not become a citizen.
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...
(1929), was a case decided by the Supreme Court of the United States
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...
.
It concerned a pacifist
Pacifism
Pacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
applicant for naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
who in the interview declared not to be willing to "take up arms personally" in defense of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Originally found unable by the District Court for the Northern District of Illinois
United States District Court for the Northern District of Illinois
The United States District Court for the Northern District of Illinois is the trial-level court with jurisdiction over the northern counties of Illinois....
to take the prescribed oath of allegiance
Oath of citizenship (United States)
The United States Oath of Allegiance is an oath that must be taken by all immigrants who wish to become United States citizens...
, a decision reversed in appeal, the case was argued before the Supreme Court, which ruled against the applicant, and thus denied her the possibility of becoming a United States citizen.
Details
Rosika SchwimmerRosika Schwimmer
Rosika Schwimmer or Bédy-Schwimmer "Rózsa" Rózsika was a Hungarian-born pacifist, feminist and female suffragist.Rosika Schwimmer was born on September 11, 1877 to a Jewish family in Budapest in Austria-Hungary...
was a pacifist who would not take the oath of allegiance to become a naturalized citizen. She was born in Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
and while in the United States delivering a lecture she decided that she wanted to become a US citizen. When asked if she would be willing to "take up arms in defense of her country" she responded in the negative. She stated that she believed in the democratic ideal, but she asserted that she was an uncompromising pacifist. “My cosmic consciousness of belonging to the human family is shared by all those who believe that all human beings are the children of God.”
Quotes from the majority opinion by Justice Butler
Quotes from the dissenting opinion by Justice Holmes (Justice Brandeis concurring)
Significance
The Court placed great emphasis on the interest of the state to foster feelings of nationalismNationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
, even though the nationalist beliefs of the country may have some conflict with religious beliefs. The case is best known, however, for Justice Holmes's phrase concerning "freedom for the thought that we hate," which has become a favorite statement of the underlying principles of free speech embodied in the First Amendment. The lady would not take the oath of allegiance (the willingness to bear arms in defence goes back to feudal times, and even classical times, - it is not an invention of modern nationalism), therefore she could not become a citizen.
See also
- List of United States Supreme Court cases, volume 279
- Girouard v. United StatesGirouard v. United StatesGirouard v. United States, , was a case decided by the Supreme Court of the United States. It concerned a pacifist applicant for naturalization who in the interview declared not to be willing to fight for the defense of the United States. The case questioned a precedent set by United States v...