Rusk, Secretary of State, v. Cort

Opinion summary

Etalia.ai summary of the majority opinion

The case involved a challenge to the constitutionality of Section 401(e) of the Nationality Act of 1940, which provided for loss of nationality by voting in a foreign political election. The plaintiff, Cort, had voted in an Italian election and was subsequently stripped of his U.S. citizenship under this provision. He argued that this section violated his rights under the Fifth Amendment's Due Process Clause because it imposed expatriation as punishment without judicial proceedings or proof that he intended to relinquish citizenship. The Supreme Court held that Congress has broad powers over matters concerning national sovereignty and immigration but found Section 401(e) unconstitutional as applied to Cort since there was no evidence he intended to abandon his American citizenship when voting abroad.