Rogers v. Bellei
Encyclopedia
Rogers v. Bellei, , was a decision by the United States Supreme Court, which held that an individual who received an automatic congressional grant of citizenship at birth, but who was born outside the United States
, may lose his citizenship for failure to fulfill any reasonable residence requirements which the United States Congress
may impose as a condition subsequent
to that citizenship.
The appellee, Aldo Mario Bellei, was born in Italy to an Italian father and an American mother. He acquired a U.S. citizenship by virtue of section 1993 of the Revised Statutes of 1874, which conferred citizenship upon any child born outside the United States of only one American parent (known as jus sanguinis
). In 1963, he failed to report for induction in the District of Columbia, and had his U.S. citizenship revoked under § 301(b) of the Immigration and Nationality Act of 1952. Bellei challenged the constitutionality of this act. The three-judge District Court held the section unconstitutional, citing Afroyim v. Rusk
, and Schneider v. Rusk
. The Supreme Court reversed the decision, ruling against Bellei.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, may lose his citizenship for failure to fulfill any reasonable residence requirements which the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
may impose as a condition subsequent
Condition subsequent
Condition subsequent refers to an event or state of affairs that brings an end to something else. A condition subsequent is often used in a legal context as a marker bringing an end to one's legal rights or duties...
to that citizenship.
The appellee, Aldo Mario Bellei, was born in Italy to an Italian father and an American mother. He acquired a U.S. citizenship by virtue of section 1993 of the Revised Statutes of 1874, which conferred citizenship upon any child born outside the United States of only one American parent (known as jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
). In 1963, he failed to report for induction in the District of Columbia, and had his U.S. citizenship revoked under § 301(b) of the Immigration and Nationality Act of 1952. Bellei challenged the constitutionality of this act. The three-judge District Court held the section unconstitutional, citing Afroyim v. Rusk
Afroyim v. Rusk
Afroyim v. Rusk, 387 U.S. 253 , was a United States Supreme Court decision that set an important legal precedent that a person born or naturalized in the United States cannot be deprived of his or her citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of a man...
, and Schneider v. Rusk
Schneider v. Rusk
Schneider v. Rusk, 377 U.S. 163 , 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.-Background:...
. The Supreme Court reversed the decision, ruling against Bellei.
Later
The statute under which Bellei was stripped of his citizenship was repealed by the U.S. Congress in 1978.See also
- List of United States Supreme Court cases, volume 401
- Afroyim v. RuskAfroyim v. RuskAfroyim v. Rusk, 387 U.S. 253 , was a United States Supreme Court decision that set an important legal precedent that a person born or naturalized in the United States cannot be deprived of his or her citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of a man...
, - Kungys v. United States,