baumgartner argued april decided june harold evans philadelphia petitioner charles fahy sol washington respondent justice frankfurter delivered opinion september district western district missouri entered order admitting baumgartner citizenship issued certificate naturalization almost ten years later august brought suit nationality act stat set aside naturalization decree cancel certificate district entered decree government circuit appeals eighth circuit one judge dissenting affirmed brought case raises important issues proper administration law affecting naturalized citizens condition receiving american citizenship baumgartner like every alien applying great gift required declare oath renounced former allegiance case german reich defend constitution laws america enemies foreign domestic true faith allegiance truly fully renounce allegiance germany fact intend support constitution laws give true faith allegiance charges fraud illegality citizenship claimed forfeit true determination issues falsity fraud case depends particular facts division opinion among judges makes manifest facts assess decisive element attitude appropriate judgment facts case like two lower courts sustained government claim expressions baumgartner conversations others soliloquies diary showed consciously withheld complete renunciation allegiance germany entertained reservations oath allegiance country constitution laws follows fair summary evidence finding rests putting government case favorable light baumgartner born kiel germany january brought modestly comfortable circumstances received classical education completed time enter german army commissioned second lieutenant shortly thereafter captured british confined england november upon return germany baumgartner studied university darmstadt graduated electrical engineer thereupon employed public utility company january left shortly baumgartner married wife followed country later year three months baumgartner stayed friends illinois came kansas city missouri employed kansas city power light company continued employ time suit man reported work testified two days job baumgartner began discuss political scene germany express lack enthusiasm german government extol virtues hitler movement baumgartner spoke persistently superiority german people german schools engineering work germans aroused antagonism among transferred different section plant testimony baumgartner mother visited country visit baumgartner beginning work hitler bringing germany back repeated occasions evidence statements made baumgartner period seven years beginning indicated oftrepeated admiration nazi government comparisons president roosevelt adolf hitler led conclusions country better run hitler ran germany regimentation nazis formed sic superior democracy democracy practical farce one witness german extraction testified baumgartner told traitor country witness condemnation hitler baumgartner made public speeches least three occasions businessmen groups clubs like told accomplishments nazi government indicated glad live regime hitler baumgartner conducted sunday school class former students testified discussion class turned germany frequently baumgartner indicated students get fairer picture conditions germany german radio germany justified much school superintendent also testified received complaints baumgartner preaching nazism baumgartner resigned country club congregational church kansas city objected injection politics sermons may next year wife three children born kansas city went germany visit baumgartner parents one witness testified baumgartner explained trip part saying wanted children brought german schools war broke september baumgartner cabled money return baumgartner raise necessary funds felt family safe germany baumgartner remarked wanted wife come back germany german boat one baumgartner neighbors testified conversation december baumgartner asked daughter germany said sarcastically done thing joined nazi youth movement testimony baumgartner justified german invasions late announced dunkerque fell rejoicing one witness testified baumgartner told order called diary baumgartner kept december summer reveals attended meeting german vocational league german national anthem sung naturally arose assumed usual german stance arm extended give national socialist greeting diary entries reflect violent impatience lack militancy approval germans americanized ruined finally baumgartner replied affirmative trial judge question attitude towards principles american government took oath ever since concurrent findings two lower courts persuasive proof support judgments rule wisdom judicial administration reaffirming importance mean pay lip service rule relieve us task examining foundation findings particular case measure proof requisite denaturalize citizen schneiderman held proof bring loss citizenship must clear unequivocal escape conviction case made government lacks solidity proof leaves troubling doubt deciding question gravity implied attempt reduce person status alien citizen phrase fact may summary characterization complicated factors varying significance judgment fact may ultimate judgment mass details involving merely assessment trustworthiness witnesses appropriate inferences may drawn living testimony elude print conclusiveness fact depends nature materials finding based finding even fact may less difficult process varying according simplicity subtlety type controversy finding ultimate clearly implics application standards law fact even made two courts may go beyond determination set aside though labeled fact may involve basis judgment fallible evidence made thus conclusion may appropriately drawn whole mass evidence always ascertainment kind precludes consideration see beyer lefevre particularly decision review escape broadly social lying close opinion regarding whole nature government duties immunities citizenship deference properly due findings lower preclude review judgments recognized scope appellate review usually differentiated review ordinary questions fact called review question law often illuminating test never suffice say emphasis importance unequivocal convincing proof see schneiderman supra page page rest cancellation certificate naturalization lost ascertainment lower courts whether exacting standard proof satisfied whole record deemed order open review gravamen government complaint findings opinions baumgartner sciously withheld allegiance constitution laws short baumgartner guilty fraud prove intentional misrepresentation evidence calculated establish objective falsity baumgartner oath adduced nothing else offered show baumgartner aware conflict views new political allegiance assumed even objective falsity perjurious falsity oath deemed sufficient nationality act revoke admission citizenship view evidence measure standard proof must applied case come consideration evidence context thatevidence judged congress alone entrusted constitution power give withhold naturalization end establish uniform rule naturalization art clause exercising power congress authorized courts grant american citizenship alien satisfied conditions imposed congress naturalization naturalization unless statutory requirements complied ginsberg certificate procured prescribed qualifications existence fact may canceled suit tutun earliest days republic congress required condition citizenship alien renounce foreign allegiance swear allegiance country constitution act january stat requirement congress used meaningless words hand thereby expressed narrow test formula susceptible almost mechanical proof true prerequisites residence documentation arrival requisite number sponsoring witnesses like allegiance government laws compendious phrase describe political legal institutions enduring features american political society dealing test expressing broad breadth appropriate nature subject matter nothing less bonds tie americans together devotion common fealty spacious scope conception expressed stating constitution made undefined expanding future people gathered gathered many nations many tongues hurtado california dealing words also constituent act like constitution must realize called life development foreseen completely gifted begetters enough realize hope created organism taken century cost successors much sweat blood prove created nation case us must considered light whole experience merely said hundred years ago state missouri holland ascertain fulfilment test implying expansive reach presents difficult doubtful problems even judges presumably trained meaning country institutions demands citizens constitution naturalized citizen stands equal footing native citizen respects save eligibility presidency luria one prerogatives american citizenship right criticize public men means informed responsible criticism freedom speak foolishly without moderation trust good sense people deliberate reflection goes deep contradictoriness human mind expression views may collide cherished american ideals necessarily prove want devotion nation foolish deny even blatant intolerance toward presuppositions democratic faith may imply rooted disbelief system government forswearing past political allegiance without reservation full assumption obligations american citizenship inconsistent cultural feelings imbedded childhood youth period new strength land one nativity flamboyantly exploited full sinister meaning adequately revealed even americans oldest lineage old cultural loyalty well known stimulated confusion mind sometimes expressions offensive exuberance denial application citizenship judicial mind satisfied test allegiance met presents problem different revocation naturalization certificate admission community american citizenship decreed doubt statutory procedure naturalization nationality act concerned designed afford cumulative protection fraudulent illegal naturalization ness relaxation vigor appropriate scrutinizing intensity allegiance country embraced applicant admitting citizenship corrected meagre standards disproving allegiance retrospectively new relations new interests flow citizenship granted undone unless proof compelling granted obtained defiance congressional authority specific conditions like time residence required number supporting witnesses easily established established leave room discretion congress left area discretion claim really involves issues belief fraud proof treacherous objective judgment even disciplined minds precarious denaturalization score calls weighty proof especially proof false fraudulent oath rests predominantly upon contemporaneous evidence established later expressions opinion argumentatively projected often distorting medium memory earlier year qualifications citizenship claimed tested adjudicated idle try capture confine spirit requirement proof within fixed form words exercise judgment course large fully mindful due observance law governing grant citizenship aliens touches nation nothing deciding intended weaken slightest alertness admission american citizenship safeguarded must equally watchful citizenship bestowed jeopardy fear exercising american freedom easy finding citizenship disloyally acquired sufficiently indicated considerations policy derived traditions people require solid proof citizenship falsely fraudulently procured considerations must guide judicial judgment duty exercising judgment evaded illusory definiteness formula insufficiency evidence show baumgartner renounce allegiance germany need labored whatever german political leanings baumgartner hitler hitlerism certainly weimar republic hitler come power baumgartner forswore allegiance german nation views attributed baumgartner superiority german people schools engineering techniques virtues hitler expressed began work kansas city direct evidence introduced show naturalized attitude precluded truly honestly taking oath allegiance constitution laws statement trial attitude toward principles american government time trial hardly significant baumgartner professed loyalty trial denied explained disturbing statements attributed others reconciled suspicious diary entries ways preclude validity oath allegiance short weakness proof baumgartner state mind time took oath allegiance removed presumption disqualifying views expressed naturalization accurate representations views took oath logical validity presumption best dubious even supporting evidence less rhetorical conclusive baumgartner certainly shown party nazi statement one witness baumgartner told member bund hint even remotely baumgartner associated group systematic agitation nazi views views hostile government contrary baumgartner diary government mainly relies reveals attended meeting german vocational league nazi salute given apparently experience group went wanted see sort organization vocational league conclude evidence baumgartner attitude affords insufficient proof knowing reservations forswearing allegiance weimar republic embracing allegiance country warrant infliction grave consequences involved making alien man ten years admitted citizenship evidence record us sufficiently compelling require penalize naturalized citizen expression silly even views citizens utter impunity judgment must accordingly reversed case manded district proceedings inconsistent opinion ordered reversed remanded directions justice murphy issue case clear government sought set aside petitioner naturalization certificate alleged fraudulent illegal procurement thus incumbent government meet standard proof laid schneiderman presenting evidence unequivocal convincing character leave issue doubt whether petitioner fraudulently illegally procured certificate true schneiderman case met issue whether petitioner case illegally procured naturalization certificate time naturalization five years prior thereto behaved person attached principles constitution well disposed good order happiness expressly pass upon charge fraud obtaining certificate primary charge present proceeding requirement government prove case unequivocal convincing evidence transcends particular ground upon government seeks set aside naturalization certificate decision schneiderman case merely decision isolated case formulation majority rule law governing denaturalization proceedings rule law equally applicable whether citizen proceeding brought communist nazi follower political faith requirement proof recognized government petitioner us instant case failure government present evidence unequivocal convincing nature petitioner fraudulently illegally procured naturalization certificate patent one unimportant exception government proved petitioner displayed certain nazi sympathies critical several years competent evidence entertained strong beliefs mental reservations forswearing allegiance veimar republic american citizenship right granted condition subsequent naturalized citizen refrain future uttering remark adopting attitude favorable original homeland power matter distasteful conduct may us required imprison intellectual spiritual straightjacket obliged retain static mental attitude moreover lose precious right citizenship subsequently dares critize adopted government vituperative defamatory terms obviously difficult conform standard set forth schneiderman case mere proof state mind subsequent naturalization proof facts existing prior time naturalization excuse failure meet standard naturalized citizen much right natural born citizen exercise cherished freedoms speech press religion without unequivocal convincing proof bear swear true allegiance time naturalization denaturalized proper realization principle makes clear error setting aside petitioner naturalization certificate basis facts adduced proceeding justice black justice douglas justice rutledge join opinion footnotes section provides shall duty district attorneys respective districts upon affidavit showing good cause therefor institute proceedings purpose revoking setting aside order admitting person citizenship canceling certificate naturalization ground fraud ground order certificate naturalization illegally procured following excerpts baumgartner diary ones ideas jews ideas vile mean malicious today president delivered message new congress speech horrible mixture war agitation laughable talk freedom press speech country allegedly protected guns drank bottle pschorr brew together welfare future germany fortress heart central europe fallen terrible defeat named powers probably difficult time recovering listened hitler speech krolls opera house wonderful usual whole country influence insane actions government washington character wild unbridled despotism retention cultural ties despite change political status thus put distinguished historian gaetano salvemini speaking naturalization country wider area generosity least europe feeling one home conquers little little one fine day feel longer exile citizen country took oath felt really performing grand function throwing away intellectual moral juristic past threw away without regret ethiopian war rape albania spanish crime last idiotic crime really broken connection sovereigns potentates ugly things enumerated formula oath wonderful formula pledges juridical political asked sever connections government former country people civilization former country asked give allegiance constitution adopted country ideal life radcliffe quarterly august pp denaturalization proceeding schneiderman case brought provisions act june stat practically identical provisions contained nationality act stat proceeding instant case instituted see schneiderman page page note