Schneider v. Rusk
| Schneider v. Rusk | |
|---|---|
| Argued April 2, 1964 Decided May 18, 1964 | |
| Full case name | Schneider v. Rusk |
| Citations | 377 U.S. 163 (more) 84 S. Ct. 1187; 12 L. Ed. 2d 218; 1964 U.S. LEXIS 1275 |
| Case history | |
| Prior | Judgment for defendant, 218 F. Supp. 302 (D.D.C. 1963); probable jurisdiction noted, 375 U.S. 893 (1963). |
| Subsequent | None |
| Holding | |
| Naturalized U.S. citizens have the right to return to and reside in their native countries, and retain their U.S. citizenship, even if they never return to the United States. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas, joined by Warren, Black, Stewart, Goldberg |
| Dissent | Clark, joined by Harlan, White |
| Brennan took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. V | |
Schneider v. Rusk, 377 U.S. 163 (1964), was a 5–3 United States Supreme Court case that invalidated a law that stripped naturalized Americans of their citizenship as a result of extended or permanent residence abroad. Relying on the due process clause of the Fifth Amendment, the court ruled it generally was unconstitutional to treat naturalized and natural-born citizens differently.