The U.S. Supreme Court case Mackey v. Mendoza-Martinez in 1959 dealt with the issue of whether a native-born American citizen could be stripped of their citizenship for leaving the country to avoid military service during wartime, without any judicial or administrative review process. The court ruled that such automatic forfeiture was unconstitutional as it violated due process rights under the Fifth and Sixth Amendments. The ruling emphasized that loss of nationality could have severe personal consequences and thus required procedural safeguards, including notice and an opportunity to defend oneself before impartial adjudicators. This decision affirmed that even actions deemed unpatriotic did not justify bypassing constitutional protections.

In the dissenting opinion for Mackey v. Mendoza-Martinez, Justice Clark argued that the majority's decision to strike down a law allowing automatic loss of citizenship for those who left or stayed outside the country to avoid military service was incorrect. He contended that Congress had clear constitutional authority to enact such legislation as part of its power over naturalization and national defense. Furthermore, he believed this did not constitute cruel and unusual punishment because it was not punitive in nature but rather regulatory - aimed at preserving loyalty among citizens during wartime. The fact that some might suffer adverse consequences from their own voluntary actions does not make a law punitive according to him.