vance terrazas argued october decided january section immigration nationality act provides person national whether birth naturalization shall lose nationality taking oath making affirmation formal declaration allegiance foreign state political subdivision thereof section provides party claiming loss citizenship occurred must establish claim preponderance evidence person commits act expatriation shall presumed done voluntarily presumption may rebutted upon showing preponderance evidence act acts committed performed done voluntarily appellee citizen mexico birth subsequently obtained certificate mexican citizenship executing application swore allegiance mexico expressly renounced citizenship thereafter department state issued certificate loss nationality board appellate review department state affirmed appellee brought suit declaration nationality district concluded proved preponderance evidence appellee knowingly voluntarily taken oath allegiance mexico renounced allegiance thus voluntarily relinquishing citizenship pursuant appeals reversed remanded holding congress power legislate evidentiary standard contained constitution required proof merely preponderance evidence clear convincing unequivocal evidence held establishing loss citizenship government must prove intent surrender citizenship voluntary commission expatriating act swearing allegiance foreign nation congress general power take away american citizen citizenship without assent means intent relinquish citizenship whether intent expressed words found fair inference conduct expatriating acts specified treated conclusive evidence indispensable voluntary assent citizen trier fact must end conclude citizen voluntarily committed expatriating act prescribed statute also intended relinquish citizenship cf afroyim rusk pp however constitution permits congress prescribe standard proof expatriation proceedings specific evidentiary standard provided invalid either citizenship clause fourteenth amendment due process clause fifth amendment although due process clause imposes requirements proof beyond preponderance evidence criminal involuntary commitment contexts nevertheless expatriation proceedings civil nature threaten loss liberty thus congress exceed powers requiring proof intentional expatriating act preponderance evidence pp presumption voluntariness provided constitutionally infirm statute provides statutory expatriating acts proved presumed committed voluntarily also direct presumption act performed intent relinquish citizenship matter remains burden party claiming expatriation prove preponderance evidence section legislative history make clear congress preferred ordinary rule voluntariness act presumed duress affirmative defense proved party asserting invalidate rule give citizenship clause far scope context relevant circumstances brought fourteenth amendment suggest appropriate pp white delivered opinion burger blackmun powell rehnquist joined marshall post stevens post filed opinions concurring part dissenting part brennan filed dissenting opinion part ii stewart joined post stewart filed dissenting statement post allan ryan argued cause appellant briefs solicitor general mccree assistant attorney general heymann deputy solicitor general geller william otis william brown kenneth ditkowsky argued cause filed brief appellee justice white delivered opinion section immigration nationality act act stat provides person national whether birth naturalization shall lose nationality taking oath making affirmation formal declaration allegiance foreign state political subdivision thereof act also provides party claiming loss citizenship occurred must establish claim preponderance evidence voluntariness expatriating conduct rebuttably presumed added stat issues case whether establishing loss citizenship party must prove intent surrender citizenship whether constitution permits congress legislate respect expatriation proceedings providing standard proof statutory presumption contained appellee laurence terrazas born country son mexican citizen thus acquired birth mexican citizenship fall student monterrey mexico age appellee executed application certificate mexican nationality swearing adherence obedience submission laws authorities mexican republic expressly renounc ing citizenship well submission obedience loyalty foreign government especially america app brief appellant certificate issued upon application april recited terrazas sworn adherence mexican expressly renounced rights inherent nationality well submission obedience loyalty foreign government especially recognized national terrazas read understood certificate upon receipt app juris statement months later following discussion officer consulate monterrey proceedings instituted determine whether appellee lost citizenship obtaining certificate mexican nationality appellee denied december department state issued certificate loss nationality app brief appellant board appellate review department state full hearing affirmed appellee voluntarily renounced citizenship app juris statement permitted act stat appellee brought suit secretary state declaration nationality trial de novo district recognized first sentence fourteenth amendment construed afroyim rusk protect every citizen nation congressional forcible destruction citizenship every citizen constitutional right remain citizen unless voluntarily relinquishes citizenship app juris statement person dual nationality district said held expatriated shown voluntarily committed act whereby unequivocally renounced allegiance ibid specifically district found appellee taken oath allegiance mexico knowingly understandingly renounced allegiance connection application certificate mexican nationality taking oath allegiance mexico renunciation foreign country sic citizenship condition precedent mexican law issuance certificate mexican nationality ibid district concluded proved preponderance evidence laurence terrazas knowingly understandingly voluntarily took oath allegiance mexico concurrently renounced allegiance therefore voluntarily relinquished citizenship pursuant act ibid opinion accompanying findings conclusions district observed appellee acted voluntarily swearing allegiance mexico renouncing allegiance appellee knew repudiating allegiance actions ibid also said relying upon quoting matheson supp sdny aff cert denied declaration allegiance foreign state conjunction renunciatory language citizenship leave room ambiguity intent applicant app juris statement appeals reversed appeals understood law appears dispute basic requirements courts appeals prove taking oath foreign state also demonstrate intent appellee part renounce citizenship district found basic elements proved preponderance evidence appeals observed ssuming proper evidentiary standards applied convinced record fully supports findings appeals ruled however afroyim rusk supra congress power legislate evidentiary standard contained constitution required proof merely preponderance evidence clear convincing unequivocal evidence case remanded district proceedings secretary took appeal invalidation posed substantial constitutional issue noted probable jurisdiction ii secretary first urges appeals erred holding specific intent renounce citizenship must proved mere taking oath allegiance result individual expatriation position need prove voluntary commission act swearing allegiance foreign nation inherently inconsistent continued retention american citizenship congress may accord natural consequences loss nationality brief appellant disagree afroyim rusk held nationality act stat provided american citizen shall lose nationality oting political election foreign state contravened citizenship clause fourteenth amendment afroyim naturalized american citizen lived israel years nation afroyim voted political election consequence stripped citizenship consistently perez brownell sustained district affirmed power congress expatriate conduct regardless citizen intent renounce citizenship however overruling perez reject ed idea aside fourteenth amendment congress general power express implied take away american citizen citizenship without assent afroyim rusk supra afroyim opinion continued fourteenth amendment reasonably read defining citizenship citizen keeps unless voluntarily relinquishes secretary argues afroyim stand proposition specific intent renounce must shown citizenship relinquished enough urges establish one expatriating acts specified congress declared acts inherently inconsistent retention citizenship afroyim emphasized loss citizenship requires individual assent addition voluntary commission expatriating act difficult understand assent loss citizenship mean anything less intent relinquish citizenship whether intent expressed words found fair inference proved conduct perez sustained congressional power expatriate without regard intent citizen surrender citizenship afroyim overturned proposition may secretary maintains requirement intent relinquish citizenship poses substantial difficulties government performance essential task determining citizen nevertheless intent fourteenth amendment among things define citizenship interpreted afroyim definition coexist congressional power specify acts work renunciation citizenship even absent intent renounce last analysis expatriation depends citizen rather congress assessment conduct secretary argues dissent perez said opinion afroyim adopted spoke conduct contrary undivided allegiance country result loss citizenship without regard intent actor assent therefore read code word intent renounce afroyim majority opinion reach neither expressly implicitly limited dissent perez furthermore perez dissent chief justice warren speaking acts expatriating fundamentally inconsistent citizenship concluded saying instances government simply giving formal recognition inevitable consequence citizen voluntary surrender citizenship perez brownell supra suggests chief justice conception actions derogation undivided allegiance country fact entail element assent event confident inconsistent afroyim treat expatriating acts specified equivalent conclusive evidence indispensable voluntary assent citizen course specified acts may highly persuasive evidence particular case purpose abandon citizenship nishikawa dulles black concurring trier fact must end conclude citizen voluntarily committed expatriating act prescribed statute also intended relinquish citizenship understanding afroyim little different expressed attorney general opinion explaining impact case op atty act reasonably manifest individual transfer abandonment allegiance attorney general said made basis expatriation voluntary relinquishment confined written renunciation also manifested actions declared expatriative ct actions derogation allegiance country ibid even cases however issue intent deemed attorney general open raised burden proof issue party asserting expatriation occurred ibid case attorney general stated administrative authorities must make judgment based evidence whether individual comes within terms expatriation provision fact voluntarily relinquished citizenship advice secretary concedes relevant departments government applied statute constitution require ultimate finding intent expatriate brief appellant accordingly case us board appellate review state department found appellee swore allegiance mexico also intended abandon citizenship consideration complete record view appellant declaration allegiance mexico concurrent repudiation submission obedience loyalty compelling evidence specific intent relinquish citizenship app juris statement view expatriation depends citizen ascertained words conduct also reflected response petition certiorari matheson cert denied insofar advised view remained official position appeal case said afroyim requires record support finding expatriating act accompanied intent terminate citizenship submission inconsistent holding unprepared reconsider iii respect principal issues appeals held congress without constitutional authority prescribe standard proof expatriation proceedings proof cases must clear convincing evidence rather preponderance standard prescribed fundamental disagreement conclusions nishikawa dulles citizen temporarily japan drafted japanese army government later claimed nationality act stat expatriated serving armed forces foreign nation government agreed expatriation occurred nishikawa army service involuntary nishikawa contended government prove service voluntary government urged duress affirmative defense nishikawa burden prove overcoming usual presumption voluntariness held presumption unavailable government required proof voluntary expatriating act clear convincing evidence section soon followed evident aim supplant evidentiary standards prescribed nishikawa provision sets rules evidence burden proof establish loss citizenship preponderance evidence rest upon government presumption voluntariness proposed rules evidence rebuttable similarly preponderance evidence see basis invalidating evidentiary prescriptions contained nishikawa rooted constitution noted moreover acting absence legislative guidance nishikawa dulles supra agree appeals afroyim congress constitutionally devoid power impose expatriation citizen also without power prescribe evidentiary standards govern expatriation proceedings although law since afroyim address advert section surely said intended construe constitution exclude expatriation proceedings traditional powers congress prescribe rules evidence standards proof federal courts power rooted authority congress conferred art cl constitution create inferior federal courts undoubted frequently noted sustained see usery turner elkhorn mining hawkins tot note also opinion afroyim written justice black concurring nishikawa said question whether citizenship voluntarily relinquished determined facts case congress provide rules evidence proceedings nishikawa dulles supra respect agree justice black since congress express power enforce fourteenth amendment untenable hold power whatsoever address manner means fourteenth amendment citizenship may relinquished unable conclude specific evidentiary standard provided congress invalid either citizenship clause due process clause fifth amendment true criminal involuntary commitment contexts held due process clause imposes requirements proof beyond preponderance evidence mullaney wilbur addington texas also stressed importance citizenship evinced decided preference requiring clear convincing evidence prove expatriation nishikawa supra expatriation proceedings civil nature threaten loss liberty moreover noted nishikawa purport constitutional ruling true similar rulings related areas woodby ins deportation schneiderman denaturalization none cases involved congressional judgment present preponderance standard proof provides sufficient protection interest individual retaining citizenship contrary secretary position held expatriation requires ultimate finding citizen committed expatriating act intent renounce citizenship heavy burden hold congress exceeded powers requiring proof intentional expatriating act preponderance evidence iv appeals discuss separately validity statutory presumption provided holding section beyond power congress however requiring expatriating act proved voluntary clear convincing evidence appeals effectively foreclosed use presumption voluntariness remand proceedings district also expatriation proceedings circuit indicated neither citizenship clause afroyim places suits wholly beyond accepted power congress prescribe rules evidence federal courts also conclude presumption voluntariness provided otherwise constitutionally infirm section provides relevant part person commits performs committed performed act expatriation provisions chapter act shall presumed done voluntarily presumption may rebutted upon showing preponderance evidence act acts committed performed done voluntarily enacting congress dispute holding nishikawa alleged expatriating act service foreign army must performed voluntarily insist government benefit usual presumption voluntariness one claiming act involuntary make claim duress preponderance evidence important juncture note scope statutory presumption section provides statutory expatriating acts proved presumed committed voluntarily also direct presumption act performed intent relinquish citizenship matter remains burden party claiming expatriation prove preponderance evidence understood invalidate provision majority opinion nishikawa referred ordinary rule duress matter affirmative defense proved party claiming duress nishikawa dulles justices frankfurter burton concurring result also referred ordinarily controlling principles evidence suggest individual peculiarly equipped clarify ambiguity meaning outward events burden proving state mind justice harlan dissent justice clark pointed general rule consciously performed acts presumed voluntary referred federal rule civil procedure treats duress matter affirmative defense yet nishikawa decided consequences denationalization drastic found nothing indicating contrary result legislative history nationality act held government must carry burden proving expatriating act performed voluntarily section enacted subsequently legislative history make clear congress preferred ordinary rule voluntariness presumed duress affirmative defense proved party asserting see hartsville oil mill towson moore savage duress proved may defense action burden proof establish charge upon party making mason wall rationality procedural rule respect claims involuntariness ordinary civil cases doubted invalidate rule disagree flatly congress balance struck interest citizenship burden government must assume demonstrating expatriating conduct also constitutionalize disagreement give citizenship clause fourteenth amendment far scope context relevant circumstances brought amendment suggest appropriate thus conclude presumption voluntariness included continuing vitality sum hold proving expatriation expatriating act intent relinquish citizenship must proved preponderance evidence also hold one statutory expatriating acts proved constitutional presume voluntary act unless proved otherwise actor succeeds expatriation fails question remains whether evidence government satisfied burden proof expatriating act performed necessary intent relinquish citizenship judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes effective date chapter person national whether birth naturalization shall lose nationality taking oath making affirmation formal declaration allegiance foreign state political subdivision thereof whenever loss nationality put issue action proceeding commenced september virtue provisions chapter act burden shall upon person party claiming loss occurred establish claim preponderance evidence except otherwise provided subsection section person commits performs committed performed act expatriation provisions chapter act shall presumed done voluntarily presumption may rebutted upon showing preponderance evidence act acts committed performed done voluntarily application contained following statement therefore hereby expressly renounce citizenship well submission obedience loyalty foreign government especially might subject protection foreign laws authorities mexico rights treaties international law grant foreigners furthermore swear adherence obedience submission laws authorities mexican republic fourteenth amendment reads persons born naturalized subject jurisdiction thereof citizens state wherein reside remanding case district appeals necessarily requir conduct new trial appeals recognized even granting higher standard proof imposed district factual determinations already record might adequate permit consideration case remand without holding another trial evidentiary hearing ibid appeals discussion specific intent submerged analysis proper evidentiary standards absence independent analysis undoubtedly resulted secretary failure contend either district appeals unnecessary prove intent relinquish citizenship indeed jurisdictional statement filed secretary presented single question whether unconstitutional citizenship clause fourteenth amendment present separately question whether proof specific intent relinquish essential expatriation rule nly question set forth jurisdictional statement fairly comprised therein considered secretary argues resolution intent issue essential least advisable predicate intelligent resolution constitutionality merit position arguably intent issue fairly comprised question set forth jurisdictional statement event consideration issues present jurisdictional statement petition certiorari presented appeals beyond power appropriate circumstances addressed laboratories university illinois foundation erie tompkins parties agreed swift tyson pet still good law cf vachon new hampshire moragne marine lines silber see generally stern gressman practice ed apparent secretary represented solicitor general changed position intent issue since decision appeals present position odds opinion attorney general op atty interpreted afroyim rusk guided administrative actions state department immigration naturalization service issue intent important parties briefed shall address secretary brief brief appellant state department immigration naturalization service adopted administrative guidelines attempt ascertain individual intent taking consideration nature expatriating act individual statements actions made connection act state department guideline evidences position intent quite similar adopted light afroyim decision attorney general statement interpretation decision department holds taking meaningful oath allegiance foreign state highly persuasive evidence intent transfer abandon allegiance taking oath meaningful result expatriation meaningfulness oath must decided department individual merits case department state foreign affairs manual emphasis original contemporaneous academic commentary agreed afroyim imposed requirement intent relinquish citizenship party seeking establish expatriation see comment expatriation enigma afroyim rusk rev note acquisition foreign citizenship limits afroyim rusk cornell rev term harv rev note ohio response petition certiorari matheson solicitor general argued afroyim broadly held congress power prescribe objective conduct automatically result expatriation absent individual voluntary relinquishment citizenship brief opposition matheson matheson maintained nothing record support finding decedent application certificate mexican nationality prompted specific intent relinquish american citizenship thus solicitor general concluded expatriation said taken place house report accompanying took direct aim nishikawa holding government must case prove voluntary conduct clear convincing unequivocal evidence nishikawa dulles report quoted approval justice harlan dissenting opinion nishikawa although recognizes general rule consciously performed acts presumed voluntary citations omitted fact alters rule denationalization cases placing burden proving voluntariness government thus relieving cases duty proving presumably voluntary acts actually involuntary one prime reasons imposing burden proof party claiming involuntariness evidence normally lies possession find compelled dissent opinion majority position squared neither congressional intent proper rules governing burden proof issue duress supra quoting nishikawa dulles supra order forestall erosion statute designed preserve uphold dignity priceless value citizenship attendant obligations sets rules evidence burden proof establish loss citizenship preponderance evidence rest upon government supra report concluded describing rebuttable presumption voluntariness secretary asserts presumption survive constitutional scrutiny hold intent relinquish citizenship necessary element proving expatriation brief appellant predicate assertion seems presumes intent relinquish well voluntariness read even even agreed presuming necessary intent inconsistent afroyim unnecessary invalidate section insofar presumes expatriating act performed voluntarily departure normal rule duress affirmative defense proved party seeking rely noted nishikawa handed see term harv rev nishikawa extended government burden expatriation proceedings include absence duress issue raised also determined standard must shown position majority runs counter usual rule duress affirmative defense rule duress affirmative defense pleaded proved party attempting rely well established even plaintiff complaint improperly contains allegations seek avoid defeat potential affirmative defense inappropriate shift burden proof anticipated defense plaintiff sanction failing follow burden pleading structure established rule adopting fiction plaintiff anticipation issue evidences intention assume burden proving wright miller federal practice procedure affirmative defenses generally see et seq justice marshall concurring part dissenting part agree holding citizen may lose citizenship absence finding specifically intended renounce also concur adoption saving construction require statutorily designated expatriating acts done specific intent relinquish citizenship however accept majority conclusion person may found relinquished american citizenship upon preponderance evidence intended discussion congressional power prescribe rules evidence standards proof federal courts ante beginning end inquiry remains task determine rules standards impinge constitutional rights brother stevens indicates casual dismissal importance american citizenship withstand scrutiny mere fact one expatriated locked prison dispose constitutional inquiry chief justice warren stated years ago 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 trop dulles plurality opinion footnotes omitted justice stevens concurring part dissenting part today unanimously reiterates principle set forth afroyim rusk congress may deprive american citizenship may effectuate citizen intention renounce citizenship agree congress may establish certain standards determining whether renunciation occurred may example provide expatriation proved evidence person performed act normally inconsistent continued citizenship person thereby specifically intended relinquish american citizenship agree however conclusion congress established permissible standard since accept dual citizenship taking oath allegiance foreign government necessarily inconsistent intent remain american citizen moreover written statute fairly read require finding specific intent relinquish citizenship statute unambiguously national shall lose nationality taking oath making affirmation formal declaration allegiance foreign state political subdivision thereof also disagree holding person may deprived citizenship upon showing mere preponderance evidence intended relinquish reasons proceedings question civil nature result loss physical liberty greater burden proof required ordinary civil case reasoning construes constitutional concept liberty narrowly house report accompanying amendment immigration naturalization act refers dignity priceless value citizenship characterization consistent repeated appraisal quality interest stake proceeding judgment person interest retaining american citizenship surely aspect liberty deprived without due process law interest stake comparable involved addington texas essentially reasons stated chief justice opinion unanimous case see believe due process requires clear convincing standard proof met case well deprivation may occur perhaps argued specific intent requirement derived subsection creates rebuttable presumption expatriating act set forth subsection performed voluntarily term voluntary conceivably stretched include concept specific intent renounce one citizenship person seeking retain citizenship thus burden showing lack specific intent construction least provide statutory basis bringing issue intent proceeding majority apparently willing accept construction order salvage statute however inasmuch rejects appellant secretary argument requirement specific intent also subject presumption applicable voluntariness ante majority assumption statute read require specific intent relinquish citizenship element proof also contradicted treatment afroyim different subsection statute like subsection issue subsection provided american automatically lost nationality performing specific act case voting foreign election majority analysis case correct afroyim invalidated provision statute rather merely remanded finding whether afroyim voted foreign election specific intent relinquish american citizenship strong evidence belief statute reformed today see kennedy quoted another report describing american citizenship one valuable rights world today see also afroyim rusk trop dulles justice brennan justice stewart joins part ii dissenting holds one may lose citizenship government prove preponderance evidence certain acts specified statute done specific intent giving citizenship accordingly reversing judgment appeals holds district applied correct evidentiary standards determining appellee properly stripped citizenship hold one acquires citizenship virtue born amdt lose citizenship formally renouncing hold act appellee accused case expatriating act dissent case governed afroyim rusk afroyim emphasizing crucial importance right citizenship held unequivocally citizen constitutional right remain citizen unless voluntarily relinquishes citizenship way citizenship lost voluntary renunciation abandonment citizen held congress abridge affect restrict effect take away citizenship congress without power rob citizen citizenship voted foreign election clearly must true government attempt strip appellee citizenship swore oath allegiance mexico congress provided procedure one may formally renounce citizenship case appellant concedes appellee renounced citizenship procedure brief appellant one lose citizenship voluntarily renouncing appellee formally renounced hold remains citizen accordingly remand case orders appellee given declaration nationality ii reach result another independent line reasoning appellee born dual national citizen born citizen mexico father mexican expatriating act appellee stands accused sworn oath allegiance mexico dual citizenship per se consistent citizenship perkins elg see oath allegiance country one already citizen create inconsistency one owes allegiance country one citizen especially one living country kawakita formal oath adds nothing existing foreign citizenship therefore affect citizenship mexican citizen virtue father citizenship title provides national whether birth naturalization shall lose nationality therefore appellant argue appellee expatriated see supra reach issues concerning rogers bellei contrary bellei citizenship based fourteenth amendment issue whether bellei lose statutory citizenship failure satisfy condition subsequent contained statute accorded citizenship indeed opinion state department person dual citizenship lives abroad country claiming national owes allegiance paramount allegiance owes kawakita