trop dulles argued may decided march least applied case citizen voluntarily relinquish abandon citizenship become involved way foreign nation nationality act amended provides citizen shall lose nationality deserting military naval forces time war provided convicted thereof martial result conviction dismissed dishonorably discharged service unconstitutional pp reversed chief justice opinion joined justice black justice douglas justice whittaker concluded citizenship subject general powers national government therefore divested exercise powers pp even citizenship divested exercise governmental power violates eighth amendment penal nature prescribes cruel unusual punishment pp justice brennan agreeing perez brownell ante constitutional infirmity expatriates citizen votes foreign political election concluded case lies beyond power congress enact pp dissenting opinion justice frankfurter joined justice burton justice clark justice harlan see post osmond fraenkel argued cause filed briefs petitioner oscar davis argued cause respondents original argument solicitor general rankin reargument briefs warren olney iii assistant attorney general bishop beatrice rosenberg also brief reargument chief justice warren announced judgment delivered opinion justice black justice douglas justice whittaker join petitioner case american declared lost citizenship become stateless reason conviction wartime desertion perez brownell ante issue us whether forfeiture citizenship comports constitution facts dispute petitioner private army serving french morocco may escaped stockade casablanca confined following previous breach discipline next day petitioner companion walking along road towards rabat general direction back casablanca army truck approached stopped witness testified petitioner boarded truck willingly words spoken rabat petitioner turned military police thus ended petitioner desertion gone less day willingly surrendered officer army vehicle walking back towards base testified time companion picked army truck decided return stockade going tough money speak time foot getting cold hungry general convicted petitioner desertion sentenced three years hard labor forfeiture pay allowances dishonorable discharge petitioner applied passport application denied ground provisions section nationality act amended lost citizenship reason conviction dishonorable discharge wartime desertion petitioner commenced action district seeking declaratory judgment citizen government motion summary judgment granted appeals second circuit affirmed chief judge clark dissenting granted certiorari section statute decrees forfeiture petitioner citizenship based directly civil war statute provided deserter lose rights citizenship meaning phrase clear codification revision nationality laws prepared civil war statute amended make certain convicted deserter lose nationality statute amended provide convicted deserter lose citizenship dismissed service dishonorably discharged time provided citizenship regained deserter restored active duty wartime permission military authorities though amendments added ameliorate harshness statute combined effect produces result poses far graver problems ones sought solved section amended gives military authorities complete discretion decide among convicted deserters shall continue americans shall stateless deciding whether issue execute dishonorable discharge whether allow deserter armed forces military becomes arbiter citizenship domain given congress narrow might supposed though crime desertion one serious military law means rare event soldier convicted crime elements desertion simply absence duty plus intention return category falls great range conduct may prompted variety motives fear laziness hysteria emotional imbalance offense may occur combat also training camps draftees country solicitor general informed world war ii according army estimates approximately soldiers airmen convicted desertion given dishonorable discharges sentencing actually separated service thus rendered stateless reviewing authorities refused remit dishonorable discharges group men enlarged whatever corresponding figures may navy marines military given power grant withhold citizenship number youths subject power easily enlarged simply expanding statute cover crimes desertion instance dishonorable discharge might future declared sufficient justify forfeiture citizenship three times past three years confronted cases presenting important questions bearing proper relationship civilian military authority country statute section raises serious issues area view case unnecessary deal problems conclude judgment case must reversed following reasons perez brownell supra expressed principles believe govern constitutional status citizenship conviction citizenship subject general powers national government therefore divested exercise powers right may voluntarily relinquished abandoned either express language language conduct show renunciation citizenship principles petitioner lost citizenship desertion wartime though may merit ultimate penalty necessarily signify allegiance foreign state section limited cases desertion enemy element case soldier committed crime punished involve way foreign state dilution allegiance country fact desertion occurred foreign soil consequence solicitor general acknowledged forfeiture citizenship occurred entire incident transpired country citizenship license expires upon misbehavior duties citizenship numerous discharge many obligations essential security nation citizen fails pay taxes abide laws safeguarding integrity elections deals dangerous blow country citizen deprived nationality evading basic responsibilities citizenship time war citizen duties include military defense nation also full participation manifold activities civilian ranks failure perform obligations may cause nation serious injury appropriate circumstances punishing power available deal derelictions duty citizenship lost every time duty citizenship shirked deprivation citizenship weapon government may use express displeasure citizen conduct however reprehensible conduct may long person voluntarily renounce abandon citizenship petitioner done neither believe fundamental right citizenship secure ground alone judgment case reversed ii since majority concluded perez brownell citizenship may divested exercise governmental power deem appropriate state additionally action taken case exceeds constitutional limits even majority decision perez concluded perez citizenship divested exercise foreign affairs power case urged war power adequate support divestment citizenship vital difference two statutes purport implement powers decreeing loss citizenship statute perez decreed loss citizenship majority concluded eliminate international problems thought arise reason citizen voted foreign election statute case however entirely different section decrees loss citizenship found guilty crime desertion essentially like section nationality act decreeing loss citizenship evading draft remaining outside provision also perez majority declined consider validity section decrees loss citizenship without providing semblance procedural due process whereby guilt draft evader may determined sanction imposed section provision case accords accused deserter least safeguards adjudication guilt constitutional question posed section appear whether denationalization may inflicted punishment even assuming citizenship may divested pursuant governmental power government contends statute impose penalty constitutional limitations power congress punish therefore inapplicable told committee cabinet members recommending legislation congress said technically penal law simple tasks constitutional adjudication law generally specific problems solved inspection labels pasted manifestly issue whether section penal law thus determined course relevant know classification employed cabinet committee played important role preparation nationality act equally relevant know committee acknowledged section based provisions civil war statute committee termed distinctly penal character furthermore statute terms deprivation rights citizenship addition lawful penalties crime desertion certainly relevant know reason given senate committee immigration loss nationality section follow desertion conviction penalty drastic doubtless even clear legislative classification statute alter fundamental nature plainly penal statute regard section fact views cabinet committee congress nature statute equivocal possibly provide answer inquiry determination whether statute penal law requires careful consideration form section appears regulation nationality statute deals initially status nationality specifies conduct result loss status surely form provide answer inquiry statute providing person shall lose liberty committing bank robbery though form regulation liberty nonetheless penal penal effect altered labeling regulation banks arguing rational connection safeguarding banks imprisoning bank robbers inquiry must directed substance called upon decide whether various statutes penal ever since calder bull dall time statute challenged conflict constitutional prohibitions bills attainder ex post facto laws necessary determine whether penal law involved provisions apply statutes imposing penalties deciding whether law penal generally based determination upon purpose statute statute imposes disability purposes punishment reprimand wrongdoer deter others etc considered penal statute considered nonpenal imposes disability punish accomplish legitimate governmental purpose recognized statute decreeing adversity consequence certain conduct may penal nonpenal effect controlling nature statutes normally depends evident purpose legislature point may illustrated situation ordinary felon person commits bank robbery instance loses right liberty often right vote exercise power protect banks sanctions imposed purpose punishing bank robbers statutes authorizing disabilities penal purpose latter statute designate reasonable ground eligibility voting law sustained nonpenal exercise power regulate franchise reasoning applies section purpose taking away citizenship convicted deserter simply punish legitimate purpose statute serve denationalization case even claimed means solving international problems argued perez purpose punishment therefore statute penal law urged statute penal law regulatory provision authorized war power denied congress power prescribe rules governing proper performance military obligations perhaps significant performance one duty hazardous important service required statute prescribes consequence befall one fails abide regulatory provisions penal law plainly legislation prescribing imprisonment crime desertion penal nature loss citizenship substituted imprisonment fairly said use particular sanction transforms fundamental nature statute fact dishonorable discharge consequent loss citizenship might punishment meted world war ii threat punishment explicitly communicated army soldiers field statute taking away citizenship congressional exercise war power rationally treated penal law imposes sanction denationalization purpose punishing transgression standard conduct prescribed exercise power government argues sanction denationalization imposed section penalty deportation considered deportation undoubtedly harsh sanction severe penal effect past sustained deportation exercise sovereign power determine conditions upon alien may reside country example statute authorizing deportation alien convicted espionage act viewed designed punish crime espionage implementation sovereign power exclude deporting power derived mahler eby view deportation may highly fictional even validity conceded wholly inapplicable case one contends government addition power exclude aliens sweeping power denationalize citizens comparison denaturalization eliminate penal effect denationalization case denaturalization imposed penalize alien falsified application citizenship punishment rather imposed exercise power make rules naturalization aliens short fact deportation denaturalization fraudulent procurement citizenship may imposed purposes punishment affords basis saying case denationalization punishment section penal law must face question whether constitution permits congress take away citizenship punishment crime assumed power congress extends divestment citizenship problem still remains statute whether denationalization cruel unusual punishment within meaning eighth amendment since wartime desertion punishable death argument penalty denationalization excessive relation gravity crime question whether penalty subjects individual fate forbidden principle civilized treatment guaranteed eighth amendment outset let us put one side death penalty index constitutional limit punishment whatever arguments may capital punishment moral grounds terms accomplishing purposes punishment forceful death penalty employed throughout history day still widely accepted said violate constitutional concept cruelty equally plain existence death penalty license government devise punishment short death within limit imagination exact scope constitutional phrase cruel unusual detailed basic policy reflected words firmly established tradition criminal justice phrase constitution taken directly english declaration rights principle represents traced back magna carta basic concept underlying eighth amendment nothing less dignity man state power punish amendment stands assure power exercised within limits civilized standards fines imprisonment even execution may imposed depending upon enormity crime technique outside bounds traditional penalties constitutionally suspect little occasion give precise content eighth amendment enlightened democracy surprising confronted punishment years irons hard painful labor imposed crime falsifying public records hesitate declare penalty cruel excessiveness unusual character weems recognized case words amendment precise scope static amendment must draw meaning evolving standards decency mark progress maturing society believe chief judge clark use denationalization punishment barred eighth amendment may involved physical mistreatment primitive torture instead total destruction individual status organized society form punishment primitive torture destroys individual political existence centuries development punishment strips citizen status national international political community existence sufferance country happens find one country may accord rights presumably long remained country enjoy limited rights alien country need stateless furthermore enjoyment even limited rights alien might subject termination time reason deportation short expatriate lost right rights punishment offensive cardinal principles constitution stands subjects individual fate fear distress knows discriminations may established proscriptions may directed cause existence native land may terminated may subject banishment fate universally decried civilized people stateless condition deplored international community democracies answer suggest disastrous consequences fate may brought bear stateless person threat makes punishment obnoxious civilized nations world virtual unanimity statelessness imposed punishment crime true several countries prescribe expatriation event nationals engage conduct derogation native allegiance even statutes sort generally applicable primarily naturalized citizens use denationalization punishment crime entirely different matter nations survey nationality laws nations world reveals two countries philippines turkey impose denationalization penalty desertion country eighth amendment forbids done concluding eighth amendment forbids congress punish taking away citizenship mindful gravity issue inevitably raised whenever constitutionality act national legislature challenged member believes case statute us construed avoid issue constitutionality issue confronts us task resolving inescapably task requires exercise judgment reliance upon personal preferences courts must consider wisdom statutes neither sanction merely unwise constitution forbids defend constitution obligation requires congressional enactments judged standards constitution judiciary duty implementing constitutional safeguards protect individual rights government acts take away fundamental right citizenship safeguards constitution examined special diligence provisions constitution adages hollow shibboleths vital living principles authorize limit governmental powers nation rules government constitutionality act congress challenged must apply rules words constitution become little good advice appears act congress conflicts one provisions choice enforce paramount commands constitution sworn less push back limits constitution merely accommodate challenged legislation must apply limits constitution prescribes bearing mind broad scope legislative discretion ultimate responsibility constitutional adjudication well approach task cautiously predecessors counseled ordeal judgment shirked instances since established determined congressional action exceeded bounds constitution case judgment appeals second circuit reversed cause remanded district appropriate proceedings reversed remanded footnotes act march stat see roche loss american nationality development statutory expatriation rev administratively phrase rights citizenship apparently taken mean citizenship see foreign relations exec doc pt vol ii view secretary state fish doc sess state department board hearings house committee immigration naturalization sess testimony richard flournoy state department representative hearings entirely clear however congress fully appreciated fact section rendered convicted deserter stateless regard following colloquy occurred hearings house committee immigration naturalization congressmen allen kearney members committee edward shaughnessy deputy commissioner immigration illuminating allen convicted desertion martial time war loses citizenship shaughnessy correct allen words thing civil courts one convicted felony sent penitentiary one loses citizenship shaughnessy loses rights citizenship kearney difference losing citizenship losing civil rights shaughnessy loses civil rights citizenship loses citizenship allen loses rights derived citizenship shaughnessy yes almost amounts thing technical difference allen still american citizen rights shaughnessy rights citizenship hearings house committee immigration naturalization sess see also elmer true loss citizenship desertion state matter government nothing act january stat see sess sess cong rec articles war stat article uniform code military justice supp winthrop military law precedents reprint solicitor general stated argument apply desertion camps ex rel toth quarles reid covert harmon brucker stat amended stat person national whether birth naturalization shall lose nationality departing remaining outside jurisdiction time war period declared president period national emergency purpose evading avoiding training service land naval forces codification nationality laws comm print pt sess ibid act march stat sess constantine la franca art cl cl lovett calder bull dall course severity disability imposed well circumstances surrounding legislative enactment relevant decision see generally wormuth legislative disqualifications bills attainder vand rev yale lovett supra pierce carskadon wall ex parte garland wall cummings missouri wall mahler eby hawker new york davis beason murphy ramsey see gathings loss citizenship civil rights conviction crime pol sci rev cf davis beason supra murphy ramsey supra see war department circular compilation war department general orders bulletins circulars government printing office mahler eby supra bugajewitz adams fong yue ting act may stat act june stat see baumgartner schneiderman amend viii excessive bail shall required excessive fines imposed cruel unusual punishments inflicted see louisiana ex rel francis resweber weems howard fleming vermont kemmler wilkerson utah wm mary sess see rev vand rev whether word unusual qualitative meaning different cruel clear occasions consider meaning phrase precise distinctions cruelty unusualness seem drawn see weems supra vermont supra wilkerson utah supra cases indicate simply examines particular punishment involved light basic prohibition inhuman treatment without regard subtleties meaning might latent word unusual cf kemmler supra ex rel milwaukee social democratic publishing burleson brandeis dissenting word unusual meaning apart word cruel however meaning ordinary one signifying something different generally done denationalization punishment certainly meets test never explicitly sanctioned government never tested constitution day cited us obviously relied masterful analysis expatriation legislation set forth comment expatriation act yale agree author documented conclusions therein punitive expatriation persons nationality constitutes cruel unusual punishment invalid since doubt add persuasive arguments made shall merely incorporate reference faith american concept man dignity comport making even punish completely stateless fair game despoiler home oppressor abroad indeed place tolerate see discussion perez brownell ante see study statelessness doc statelessness special reference borchard diplomatic protection citizens abroad suggestion judicial relief available alleviate potential rigors statelessness assumes much undermining assumption still fresh memory shaughnessy ex rel mezei alien resident country years returned visit abroad find barred country others turned summary imprisonment ellis island fate without judicial examination grounds confinement denied relief intolerable situation remedied four years imprisonment executive action matter grace see times see laws concerning nationality doc cf nationality law august art haiti justice black justice douglas joins concurring concur opinion chief justice one additional thing needs said even citizenship involuntarily divested believe power denationalize may placed hands military authorities desertion misconduct basis forfeiting citizenship guilt determined civilian justice protections bill rights guard fairness outcome forfeiture rest findings military tribunal military courts may try soldiers punish military offenses last word soldier right citizenship statute held invalid makes military finding desertion final gives military authorities discretion choose soldiers convicted desertion shall allowed keep citizenship ones shall thereafter stateless nothing constitution history lends slightest support military control right american citizen justice brennan concurring perez brownell ante also decided today agreed constitutional infirmity expatriates citizen votes foreign political election reach different conclusion case however believe expatriates wartime deserter dishonorably discharged conviction lies beyond congress power enact concededly paradoxical justify constitutional expatriation citizen committed crime voting mexican political election yet find unconstitutional statute provides expatriation soldier guilty serious crime desertion time war loss citizenship may ominous significance individual one case constitution prevent expatriation voter well deserter perez brownell must inquire whether exists relevant connection particular legislative enactment power granted congress constitution held relevant connection exists power maintain relations sovereign nations power expatriate american votes foreign election within power granted congress regulate conduct foreign affairs lies power deal evils might obstruct embarrass diplomatic interests among evils congress might believe voting american citizens political elections nations whatever realities situation many foreign nations may well view political activity part americans even lawful either expressions official american positions else improper meddling affairs either event reaction liable detrimental interests finding evil congress empowered prevent concluded expatriation means reasonably calculated achieve end expatriation noted advantage acting automatically act casting ballot act denationalization effect cutting american responsibility consequences foreign government objects answer conclusive voter longer one harsh consequences may individual concerned congress ordained loss citizenship simultaneously act voting congress might reasonably believe circumstances acceptable alternative expatriation means avoiding possible embarrassments relations foreign nations congress determined considerations highest national importance indicate course action adequate substitute might rationally appear lacking say means lies beyond congress power choose cf korematsu contrast section concerned draws upon power congress raise maintain military forces wage war pretense made expatriation deserter way relates conduct foreign affairs statute limited effects desert foreign country flee another land statute limited application deserter whose conduct imports elements allegiance another country measure least inconsistent american citizenship perez brownell supra history provision indeed shows essential congressional purpose response needs military maintaining discipline armed forces especially wartime serious question included congress power maintain armies power deal problem desertion act plainly destructive military establishment importantly nation ability wage war effectively granting congress authorized deal evil desertion must yet inquire whether expatriation means reasonably calculated achieve legitimate end thereby designed ultimate congressional objective successful waging war expatriation deserter originated act stat wholesale desertion draftlaw violations seriously threatened effectiveness union armies act expressly provided expatriation addition lawful penalties crime desertion emphasized leading case act huber reily decided pennsylvania little year passage act said avowed purpose add penalties law previously affixed offence desertion military naval service denominates additional sanctions provided penalties although imposed expatriation entirely added punishment crime act expressly make conviction prerequisite punishment case conventional penalties pennsylvania felt huber right contending serious constitutional objection act proposes inflict pains penalties upon offenders without trial conviction due process law therefore prohibited bill rights however construed statute avoid constitutional difficulties holding loss citizenship like penalties desertion followed upon conviction view act approved kurtz moffitt noted view uniformly held civil courts well military authorities see mccafferty guyer state symonds gotcheus matheson barb winthrop military law precedents ed particular significance moreover fact congress confirmed correctness view purposed expatriation deserter solely additional punishment present merely incorporates provision codification became nationality act expressly stated omitted act namely deserter shall expatriated convicted thereof martial stat amended difficult indeed see expatriation deserter helps wage war except performs function imposed punishment obvious expatriation wise avoid harm apprehended congress act desertion punishment follow harm done deserter moreover cease american citizen moment deserts indeed even conviction necessarily effect expatriation dishonorable discharge condition precedent loss citizenship therefore expatriation made consequence desertion must stand together death imprisonment form punishment characterize expatriation punishment course beginning critical inquiry punishment may extremely harsh crime desertion may grave indeed however harshness punishment may important consideration asserted power expatriate slight tenuous relation granted power material forms one today judge precise consequences expatriation happily american law little experience status said hypothetically extent severity status may increased consistently demands due process supposed consequences greatest weight terms ultimate impact petitioner unknown unknowable indeed truth may live life minor inconvenience may perhaps live work marry raise family generally experience satisfactorily happy life nevertheless denied impact expatriation especially statelessness upshot may severe expatriation respect constitutes especially demoralizing sanction uncertainty consequent psychological hurt must accompany one becomes outcast land must reckoned substantial factor ultimate judgment view manifest severity sanction feel look closely probable effect determine whether congress imposition expatriation penal device justified reason clearly severity penalty case serious offense enough invalidate nature penalty rationally directed achieve legitimate ends punishment novelty expatriation punishment alone demonstrate inefficiency recent years seen devices indeterminate sentences parole added traditional term imprisonment penal methods seek achieve end humane effective society make every effort rehabilitate offender restore useful member society society best protection course rehabilitation one several purposes penal law among purposes deterrents wrongful act threat punishment insulation society dangerous individuals imprisonment execution relationship punishment expatriation ends penal law perfectly obvious constitutes antithesis rehabilitation instead guiding offender back useful paths society excommunicates makes literally outcast think certain way make man perhaps rest seeds serious antisocial behavior likely pursue career unlawful activity place stigma derelict uncertain many basic rights similarly must questioned whether expatriation really achieve effects sought society punitive devices certainly insulate society deserter unless coupled banishment sanction leaves offender large deterrent device sanction appear little effect offender deterred thought specific penalties long imprisonment even death likely swayed course prospect expatriation however insidious demoralizing may actual experience statelessness contemplation advance seems unlikely invoke serious misgiving none us yet knows ramifications light considerations understandable government pressed case basis expatriation deserter punishment crime rather government argues necessary nexus granted power found idea legislative withdrawal citizenship justified case trop desertion constituted refusal perform one highest duties american citizenship bearing arms time desperate national peril denied implicit certain rough justice refuses act american longer american fairer see anything forcing retribution offender naked vengeance many acts desertion certainly fall far short refusal perform ultimate duty american citizenship desertion defined absence without leave accompanied intention return army manual offense may quite technical officer tendered resignation prior due notice acceptance quits post proper duties without leave intent absent permanently therefrom article war stat desertion also committed soldier without received regular discharge another service youngster example restive assignment supply depot runs front fight subjects possibility sanction yet statute imposes penalty coextensive substantive crime since many acts desertion thus certainly fall far short refusal perform ultimate duty american citizenship stretches imagination excessively establish rational relation mere retribution ends purported served expatriation deserter simply accept judgment congress free adopt measure demonstrate displeasure exact penalty offender laws seems nothing solved uncritical reference service armed forces ultimate duty american citizenship indeed difficult imagine theory power congress impose expatriation punishment crime tax evasion bank robbery narcotics offenses citizens also called upon pay taxes obey laws duties appear fully related nature citizenship military obligations congress asserted power expatriate deserter bears war powers precisely relation power expatriate tax evader bear taxing power therefore must conclude beyond power congress enact admittedly congress belief expatriation deserter might war effort may find though necessarily slender support reason substantial achievement device congress legitimate purposes war power seems fairly remote time abundantly clear ends fully achieved alternative methods open objections light factors conceding possibly favor enactment conclude requisite rational relation statute war power appear relation statute really calculated effect objects entrusted government maryland wheat therefore falls beyond domain congress indication problem seen joint resolutions introduced houses congress exempt two three thousand americans allegedly lost citizenship voting certain italian elections see res res sess proposed suspend operation section nationality act certain cases see also sess perez brownell raise questions first amendment course effect appropriate cases limiting congressional power otherwise possessed good description extent problem raised desertions union armies extreme measures taken combat problem found pullen twentieth maine volunteer regiment civil war opinion huber reily written justice strong later member suggested hold statutes considerations due process required expatriation accomplished specifically included part sentence see military law adjudges guilt extent initial sentence jackson taylor see article war stat however practice specifically include expatriation part sentence winthrop military law precedents ed provision limited desertion time war stat otherwise revised carried nationality act stat however first codified part laws concerning citizenship revised statutes reason addition proviso stated report codification nationality laws comm print pt prepared request president secretary state attorney general secretary labor proposing revision codification nationality laws provisions sections revised statutes distinctly penal character must therefore construed strictly penalties take effect upon conviction martial huber reilly penn kurtz moffitt reference later report technically penal law section whole subdivision adjudication hypothetical contingent consequences beyond function incidents expatriation altogether indefinite nonetheless uncertainty consequences makes expatriation punishment severe also unnecessary consider whether consequences different citizen expatriated another section deterrent effect certainly conjectural told world war ii many soldiers convicted desertion sentenced dishonorably discharged fact reviewing authorities ultimately remitted dishonorable discharges cases possible infer military firm belief deterrent effects expatriation justice frankfurter justice burton justice clark justice harlan join dissenting petitioner born ohio army serving french morocco tried general found guilty twice escaped confinement absent without leave deserted remained desertion one day sentenced dishonorable discharge forfeiture pay allowances confinement hard labor three years subsequently returned applied passport application denied state department ground petitioner lost citizenship result conviction dishonorable discharge desertion army time war department relied upon nationality act stat amended act january stat provided pertinent part person national whether birth naturalization shall lose nationality deserting military naval forces time war provided convicted thereof martial result conviction dismissed dishonorably discharged service military naval forces provided notwithstanding loss nationality citizenship civil political rights terms previous acts reason desertion committed time war restoration active duty military naval forces time war reenlistment induction person time war permission competent military naval authority prior subsequent effective date act shall deemed immediate effect restoring nationality citizenship civil political rights heretofore hereafter lost removing civil political disabilities resulting therefrom threshold petitioner suggests constructions statute avoid consideration constitutional issues construction precluded petitioner contends congress without power attach loss citizenship consequence conviction desertion also argues exercise power violate due process clause fifth amendment constitution prohibition cruel unusual punishments eighth amendment subsection nationality act amended making loss nationality result conviction desertion wartime direct descendant provision enacted civil war one section act amend several acts heretofore passed provide enrolling calling national forces purposes stat approved march provided addition lawful penalties crime desertion military naval service persons desert service shall deemed taken voluntarily relinquished forfeited rights citizenship rights become citizens except limited desertion time war stat provision remained effect absorbed nationality act stat shortly enactment provision received important interpretation huber reily pennsylvania opinion justice strong later held disabilities act attach individual convicted desertion requirement drawn due process clause fifth amendment constitution interpretation followed courts state symonds referred approvingly kurtz moffitt without discussion rationale nationality laws revised codified nationality act stat added list acts result loss american nationality deserting military naval service time war provided deserter convicted thereof martial stat consideration act substantially debate provision seems clear however report cabinet committee recommended adoption nothing intended enactment incorporate provision codification time making clear nationality ambiguous rights citizenship lost provision applied nationals codification nationality laws comm print pt sess request war department congress amended act form applied petitioner amendment required dismissal dishonorable discharge result conviction desertion expatriation follow provided restoration deserter active duty wartime effect restoring citizenship stat abundantly clear debate reports sole purpose change permit persons convicted desertion regain citizenship continue serving armed forces sess sess cong rec thought unreasonable require persons still service fight perhaps die country longer citizens requirement dismissal dishonorable discharge prior denationalization included amendment see supra cong rec petitioner advances two possible constructions exclude operation avoid constitutional determinations suggested provision applies desertion enemy sentence dishonorable discharge without imposition conviction desertion expatriating effect must resulted conviction solely desertion support first constructions fair reading congressional history rigorously admonished avoid consideration constitutional issues statutory disposition available violence statute compellingly conveys draw meaning spontaneously reveals section imposes expatriation individual desertion provided convicted thereof martial result conviction dismissed dishonorably discharged service military naval forces petitioner argument dishonorable discharge must solely result conviction therefore applicable convicted escape confinement absence without leave addition desertion since invariable practice military trials related offenses tried together single sentence cover convictions see jackson taylor effect suggested construction force break historic process military law congress remotest way given warrant obvious purpose amendment requiring dishonorable discharge condition precedent expatriation correct situation individual convicted desertion thus lost citizenship kept duty fight sometimes die country disowns letter secretary war chairman senate military affairs committee sess hint congressional history requirement discharge intended make expatriation depend seriousness desertion measured sentence imposed give effect purpose congress making conviction wartime desertion result loss citizenship must hold dishonorable discharge order expatriation follow need result conviction one offenses among one must wartime desertion since none petitioner nonconstitutional grounds reversal sustained claim unconstitutionality must faced always basic power congress enact legislation challenged appropriate approach judicial review congressional legislation power madison phrase encroaching nature federalist earle ed judicial power immune human weakness also must guard encroaching beyond proper bounds less since restraint upon power congress pass statute challenged function determine whether legislative action lies clearly outside constitutional grant power may fairly referred making determination sits judgment action branch government keeping unto must constitutional system final determination power act wonder function deemed gravest delicate duty called perform holmes blodgett holden separate opinion platitude rigorous observance difference limits power wise exercise power questions authority questions prudence requires alert appreciation decisive subtle relationship two concepts easily coalesce less require disciplined adhere difference easy stand aloof allow want wisdom prevail disregard one strongly held view wise conduct affairs business pronounce policy must observe fastidious regard limitations power precludes giving effect notions wise politic essence observance judicial oath constitution authorized judges sit judgment wisdom congress executive branch one principal purposes establishing constitution provide common defence end granted congress several powers article section clauses compendiously described war power although specific grants power specifically enumerate every factor relevant power conduct war limitation upon due process clause commands scope war power defined chief justice hughes home bldg loan assn blaisdell war power federal government created emergency war power given meet emergency power wage war successfully thus permits harnessing entire energies people cooperative effort preserve nation see also chief justice stone opinion hirabayashi probably important governmental action contemplated war power building maintenance armed force common defense congress may convinced necessity conscription effective conduct war selective draft law cases congress may justifiably view stern measures may seem overly stern needed order control may evasions military duty armed forces committed nation defense deleterious effects evasions may kept minimum clearly congress may deal severely problem desertion armed forces wartime equally clear face legislation circumstances passed congress calling upon war powers made desertion act expatriation cf winthrop military law precedents reprint possession american citizen rights privileges constitute citizenship imposes correlative obligations indispensable may well take place ranks army country risk chance shot defense jacobson massachusetts harsh may sound actualities responds said rational nexus refusal perform ultimate duty american citizenship legislative withdrawal citizenship congress may well thought making loss citizenship consequence wartime desertion affect ability military authorities control forces expected fight win major world conflict us deny congress might reasonably believed morale fighting efficiency troops impaired soldiers knew fellows abandoned time greatest need remain communion citizens petitioner urges imposing loss citizenship punishment wartime desertion violation due process clause fifth amendment eighth amendment objections notice expatriation consequence desertion provision defining offense loss citizenship punishment unconstitutionally disproportionate offense desertion loss citizenship constitutes cruel unusual punishment provision articles war petitioner convicted desertion art articles war stat mention fact one convicted offense wartime suffer loss citizenship may stating consequences conduct statutory provision making offense desideratum administration criminal justice scarcely said petitioner contend ever said constitutional requirement us require congress list one statutory section ordinary penal consequences engaging activities therein prohibited also collateral disabilities follow operation law conviction thereof duly resulting proceeding conducted accordance relevant constitutional safeguards course individual apprised consequences actions articles war put petitioner notice desertion offense committed wartime punishable death art supra expatriation automatically followed command nationality act duly promulgated act congress war department appears made every effort inform individual soldiers gravity consequences desertion circular pointed convictions desertion punishable death result forfeiture rights citizenship instructed unit commanders explain carefully personnel commands certain articles war including art emphasize serious consequences may result violation compilation war department general orders bulletins circulars government printing office congress must define rubric substantive crime consequences conduct made grave offense provide collateral consequence stern may explicit pronouncement another place statute books claim hardly rises dignity constitutional requirement petitioner contends loss citizenship unconstitutionally disproportionate punishment desertion constitutes cruel unusual punishment within scope eighth amendment loss citizenship entails undoubtedly severe particular situations even tragic consequences divestment citizenship government characterized context denaturalization serious taking one property imposition fine penalty schneiderman however like denaturalization see klapprott expatriation nationality act punishment valid constitutional sense cf fong yue ting simply denationalization attached congress consequence conduct elsewhere made unlawful follow denationalization punishment said loss civil rights result conviction felony see gathings loss citizenship civil rights conviction crime pol sci rev punishment legally significant purposes process denationalization devised expert cabinet committee congress quite properly responsibly relied established congress legislation related authority congress pursuant constitutional powers regulate conduct free restrictions pertain legislation field technically described criminal justice since legislative ends within scope congress war power wholly consistent purpose regulate military forces since nothing face legislation history indicate congress contrary purpose warrant labeling disability imposed punishment even assuming arguendo said impose punishment insist denationalization cruel unusual punishment stretch concept beyond breaking point seems scarcely arguable loss citizenship within eighth amendment prohibition disproportionate offense capital first year independence art supra art articles war cont cong ford ed constitutional dialectic empty reason seriously urged loss citizenship fate worse death seriousness abandoning one country grip mortal conflict precludes denial congress power terminate citizenship unless power denied congress circumstance many civilized nations impose loss citizenship indulgence designated prohibited activities see generally laws concerning nationality doc although provisions often always applicable naturalized citizens nearly comparable expatriation law denaturalization law countries made wartime desertion result loss citizenship naturalized philippine commonwealth act amended republic act june supra see borchard diplomatic protection citizens abroad country desertion punishable loss least rights citizenship since today reaffirms decisions mackenzie hare savorgnan sustaining power congress denationalize citizens desire intention give citizenship loss citizenship may constitutionally made consequence conduct marrying foreigner thus certainly cruel unusual seems incongruous loss thought cruel unusual consequence conduct also crime short denationalization attached offense wartime desertion justifiably deemed variance enlightened concepts humane justice see weems beyond power congress constituting cruel unusual punishment within meaning eighth amendment congress fallen afoul prohibition person status elements unpredictability presumably denationalized person becomes alien substantial rights privileges alien country enjoys federal state constitutions puts different condition outlaw england need constant fear lest dire unforeseen fate imposed arbitrary governmental action certainly sits holmes dissenting panhandle oil mississippi ex rel knox multitudinous decisions protective rights aliens bear weighty testimony assumption brutal treatment inevitable lot denationalized persons found countries slender basis strike act congress otherwise amply sustainable misguides popular understanding judicial function limited power democracy suggest invalidating act congress endanger necessary subordination military civil authority case doubt derives consequence sitting judgment military congress military merely carried responsibility charged congress armed forces ceased discharging wartime deserters congress attached consequence performance responsibility legislation result exercise congress legislative power vested constitution exercise president constitutional power approving bill thereby making law sustain respect actions two branches government directly responsive people empowered constitution determine wisdom legislation awesome power invalidate legislation practice bounded prudence discerning limits constitutional function must exercised utmost restraint justice holmes one profoundest thinkers ever sat expressed conviction think come end lost power declare act congress void think union imperiled make declaration laws several holmes speeches course deny power existed strike congressional legislation shrink exercise whole work thirty years service constant reminder power invalidate legislation must exercised either constitutional theory art government stood sole bulwark unwisdom excesses moment substance provision appears immigration nationality act stat precise meaning phrase never clear see roche loss american nationality development statutory expatriation rev appears however state department regarded mean loss citizenship see hearings house committee immigration naturalization sess noted person deprived citizenship merely basis administrative finding deserted wartime even finality sole basis dishonorably discharged result conviction wartime desertion section nationality act provides person claims right privilege national denied right privilege department agency executive official thereof upon ground national person regardless whether within abroad may institute action head department agency district district columbia district district person claims permanent residence judgment declaring national stat immigration nationality act stat proceeding open person like petitioner alleged expatriated act show example without jurisdiction including observance requirements due process individual restoration active duty conviction discharge regained citizenship terms proviso supra report committee stated provision question technically penal law codification nationality laws supra letter president covering report committee stated none loss nationality provisions designed punitive vii basis finding congress enacted provision regarded otherwise part clearly nonpenal scheme acts expatriation represented nationality act supra denaturalization based exclusively theory individual obtained citizenship fraud see luria laws many countries making naturalized citizens subject expatriation grounds applicable citizens relate grounds actual naturalization process british nationality act geo vi see note supra