United States Supreme Court
PEREZ v. BROWNELL, (1958)
No. 44
Argued: May 1, 1957 Decided: March 31, 1958

In proceedings to deport a person born in the United States, the Government denied that he was an American citizen on the ground that, by voting in a Mexican political election and remaining outside of the United States in wartime to avoid military service, he had lost his citizenship under 401 (e) and (j) of the Nationality Act of 1940, as amended. He sued for a judgment declaring him to be a citizen but was denied relief. Held: It was within the authority of Congress, under its power to regulate the relations of the United States with foreign countries, to provide in 401 (e) that anyone who votes in a foreign political election shall lose his American citizenship; and the judgment is affirmed. Pp. 45-62.

(a) The power of Congress to regulate foreign relations may reasonably be deemed to include a power to deal with voting by American citizens in foreign political elections, since Congress could find that such activities, because they might give rise to serious international embarrassment, relate to the conduct of foreign relations. Pp. 57-60.

(b) Since withdrawal of the citizenship of Americans who vote in foreign political elections is reasonably calculated to effect the avoidance of embarrassment in the conduct of foreign relations, such withdrawal is within the power of Congress, acting under the Necessary and Proper Clause. Pp. 60-62.

(c) There is nothing in the language, the context, the history or the manifest purpose of the Fourteenth Amendment to warrant drawing from it a restriction upon the power otherwise possessed by Congress to withdraw citizenship. P. 58, n. 3. [356 U.S. 44, 45]

(d) No opinion is expressed with respect to the constitutionality of 401 (j) relating to persons who remain outside the United States to avoid military service. P. 62.

235 F.2d 364, affirmed.

[Footnote *] [On the same day, an order was entered substituting Attorney General Rogers for former Attorney General Brownell as the party respondent. See post, p. 915.]

Charles A. Horsky argued the cause for petitioner. With him on the briefs were Fred Okrand, A. L. Wirin, Jack Wasserman and Salvatore C. J. Fusco.

Oscar H. Davis argued the cause for respondent on the original argument, and Solicitor General Rankin on the reargument. With them on the briefs were Warren Olney, III, then Assistant Attorney General, and J. F. Bishop. Beatrice Rosenberg was also with them on the brief on the reargument.

John W. Willis filed a brief for Mendoza-Martinez, as amicus curiae.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

Petitioner, a national of the United States by birth, has been declared to have lost his American citizenship by operation of the Nationality Act of 1940, 54 Stat. 1137, as amended by the Act of September 27, 1944, 58 Stat. 746. Section 401 of that Act1 provided that

"A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

. . . . .

"(e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or

. . . . . [356 U.S. 44, 46]

"(j) Departing from or remaining outside of the jurisdiction of the United States in time of war or during a period declared by the President to be a period of national emergency for the purpose of evading or avoiding training and service in the land or naval forces of the United States."

He seeks a reversal of the judgment against him on the ground that these provisions were beyond the power of Congress to enact.

Petitioner was born in Texas in 1909. He resided in the United States until 1919 or 1920, when he moved with his parents to Mexico, where he lived, apparently without interruption, until 1943. In 1928 he was informed that he had been born in Texas. At the outbreak of World War II, petitioner knew of the duty of male United Sta

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