Trop v. Dulles
Encyclopedia
Trop v. Dulles, 356 U.S. 86
(1958), was a federal case
in the United States
in which the Supreme Court
ruled, 5-4, that it was unconstitutional
for the government
to revoke the citizenship of a U.S. citizen
as a punishment.
The ruling's reference to "evolving standards of decency" is frequently cited precedent in the court's interpretation of the Eighth Amendment
's prohibition on "cruel and unusual punishment
."
who, while serving as a private
in the United States Army
in 1944, deserted
from an Army stockade
in Casablanca
, Morocco
. The next day, he willingly surrendered to an Army officer
and was taken back to the base, where he was subsequently court-martial
ed, found guilty, and sentenced
to three years at hard labor
, forfeiture of pay, and a dishonorable discharge.
In 1952, Trop applied for a passport
, which was denied because the Nationality Act of 1940 provided that members of the armed forces of the United States who deserted would lose their citizenship. (A 1944 amendment modified the Act such that a deserter would lose his citizenship only if on these grounds, he had been dishonorably discharged or dismissed from the military).
Trop filed suit
in federal courts
seeking declaratory judgment
that he was a U.S. citizen.
The district court
ruled in favor of the government and the United States Court of Appeals for the Second Circuit
upheld the decision of the district court.
The Supreme Court reversed. In the decision of the court written by Chief Justice
Earl Warren
, the Court cited Perez v. Brownell
, the Court had held that citizenship could be divested in the exercise of the foreign affairs power. However, "denationalization as a punishment is barred by the Eighth Amendment
," as this is "the total destruction of the individual's status in organized society."
In the dissent, Justice Felix Frankfurter
noted that desertion from the military can be punished by the death penalty, leading him to ask, "Is constitutional dialectic so empty of reason that it can be seriously urged that loss of citizenship is a fate worse than death?"
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...
(1958), was a federal case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in which the 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...
ruled, 5-4, that it was unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
for the government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
to revoke the citizenship of a U.S. citizen
Citizenship in the United States
Citizenship in the United States is a status given to individuals that entails specific rights, duties, privileges, and benefits between the United States and the individual...
as a punishment.
The ruling's reference to "evolving standards of decency" is frequently cited precedent in the court's interpretation of the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
's prohibition on "cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
."
Case details
Albert Trop was a natural born citizen of the United StatesNatural born citizen of the United States
Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for election to the office of President or Vice President...
who, while serving as a private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
in 1944, deserted
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
from an Army stockade
Stockade
A stockade is an enclosure of palisades and tall walls made of logs placed side by side vertically with the tops sharpened to provide security.-Stockade as a security fence:...
in Casablanca
Casablanca
Casablanca is a city in western Morocco, located on the Atlantic Ocean. It is the capital of the Grand Casablanca region.Casablanca is Morocco's largest city as well as its chief port. It is also the biggest city in the Maghreb. The 2004 census recorded a population of 2,949,805 in the prefecture...
, Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
. The next day, he willingly surrendered to an Army officer
Officer (armed forces)
An officer is a member of an armed force or uniformed service who holds a position of authority. Commissioned officers derive authority directly from a sovereign power and, as such, hold a commission charging them with the duties and responsibilities of a specific office or position...
and was taken back to the base, where he was subsequently court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
ed, found guilty, and sentenced
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
to three years at hard labor
Hard Labor
Hard Labor is the eleventh album by American rock band Three Dog Night, released in 1974 .- Cover Artwork :The original album cover, depicting of the birth of a record album , was deemed too controversial and was soon reworked with a huge bandage covering the "birth". The cover also includes an...
, forfeiture of pay, and a dishonorable discharge.
In 1952, Trop applied for a passport
United States passport
United States passports are passports issued to citizens and non-citizen nationals of the United States of America. They are issued exclusively by the U.S. Department of State. Besides issuing passports , also limited use passport cards are issued by the same organization subject to the same...
, which was denied because the Nationality Act of 1940 provided that members of the armed forces of the United States who deserted would lose their citizenship. (A 1944 amendment modified the Act such that a deserter would lose his citizenship only if on these grounds, he had been dishonorably discharged or dismissed from the military).
Trop filed suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
seeking declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
that he was a U.S. citizen.
The district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
ruled in favor of the government and the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
upheld the decision of the district court.
The Supreme Court reversed. In the decision of the court written by Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
, the Court cited Perez v. Brownell
Perez v. Brownell
Perez v. Brownell, , was a United States Supreme Court decision which affirmed Congress's right to revoke United States citizenship as a result of a citizen's voluntary performance of specified actions, even in the absence of any intent or desire on the person's part to lose his or her citizenship...
, the Court had held that citizenship could be divested in the exercise of the foreign affairs power. However, "denationalization as a punishment is barred by the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
," as this is "the total destruction of the individual's status in organized society."
In the dissent, Justice Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
noted that desertion from the military can be punished by the death penalty, leading him to ask, "Is constitutional dialectic so empty of reason that it can be seriously urged that loss of citizenship is a fate worse than death?"