savorgnan argued decided january petitioner american citizen competent adult woman voluntarily knowingly applied obtained italian citizenship naturalization accordance italian law went italy lived italian husband returned held expatriated laws naturalization italian citizen followed residence abroad pp within meaning citizenship act term naturalization foreign state includes naturalization proceedings lead citizenship foreign state even though proceedings take place competent adult american citizen voluntarily knowingly performed overt act spells expatriation wording citizenship act preserve regain american citizenship showing intent understanding contrary usual legal consequences act since legal consequences dependent upon intention citizen pp whether case governed foreign residence nationality act citizenship act fact following naturalization italian citizen petitioner actually resided abroad place general abode deprived american citizenship regardless whether intended abandon residence obtain permanent residence abroad pp decision made question whether petitioner italian naturalization deprived american citizenship taken residence abroad pp petitioner signing instrument containing oath allegiance king italy oath allegiance foreign state within meanings citizenship act nationality act even though ceremony formal administration oath accompanied signature suit nationality act stat district granted respondent judgment declaring american citizen supp appeals reversed granted certiorari affirmed suel arnold carl flom argued cause filed brief petitioner oscar davis argued cause respondents brief solicitor general perlman assistant attorney general campbell robert erdahl philip monahan briefs amici curiae urging reversal filed walbridge taft margaret trimble revedin jack wasserman gaspare cusumano association immigration nationality lawyers justice burton delivered opinion question whether special circumstances case american citizen became italian citizen lived italy italian husband nevertheless retained american citizenship reasons hereinafter stated hold controlling statutes citizenship act successor nationality act petitioner rosette sorge savorgnan brought action district western district wisconsin nationality act stat judgment declaring american citizen decided favor supp appeals seventh circuit reversed judgment remanded case directions dismiss petition consented sued enter judgment favor defendants conformity opinion importance decision determining american citizenship granted certiorari insofar material undisputed facts found district follows petitioner born wisconsin parents resided july march intended husband alessandro savorgnan italian citizen serving italian vice consul louis missouri informed italian law become italian citizen obtain necessary royal consent marriage applied italian citizenship prepared application italian understood understand august petitioner granted italian citizenship november appeared savorgnan italian consulate chicago illinois presence signed instrument contained oath italian expressly renouncing american citizenship swearing allegiance king italy ceremony formal administration oath accompanied signature apparently none required savorgnan understood signing instrument citizenship securing required royal consent savorgnan marry translate instrument explain contents district found fact time signing documents mentioned petitioner although intending obtain italian citizenship intention endangering american citizenship renouncing allegiance december petitioner savorgnan married july italian diplomatic officials required leave italian diplomatic passport issued petitioner embarked italy husband remained italy november except six months spent germany italy lived husband family rome worked italian foreign ministry november returned america italian diplomatic passport later requested commissioner immigration naturalization service correct records office show american citizen time return america request denied instituted present proceeding evidence maintaining time marriage residence dwelling place place general abode apart husband district however found times signing application italian citizenship instrument containing oath allegiance king italy intend establish permanent residence country found also left america italy without intention establishing permanent residence abroad abandoning residence divesting american citizenship see supp thus face two principal questions effect upon petitioners american citizenship applying obtaining italian citizenship government contends thereby naturalized foreign state conformity laws within meaning either act act contends act require residence abroad condition expatriation therefore effectively expatriated act merely upon becoming naturalized italian citizen still remaining agree thus naturalized find necessary pass upon contention obtaining naturalization expatriated lost american citizenship without taking residence abroad ii effect upon petitioner american citizenship residence italy government contends even petitioner lose american citizenship became naturalized italian citizen lost took residence italy agree government contends expatriation effected either act act continued effect saving clause act find unnecessary choose contentions leads conclusion case effect upon petitioner american citizenship applying obtaining italian citizenship traditionally supported right expatriation natural inherent right people denial restriction impairment questioning right declared congress inconsistent fundamental principles government beginning one obvious effective forms expatriation naturalization laws another nation however due prohibition expatriation without consent sovereign courts hesitated recognize expatriation citizens even foreign naturalization without express consent government congress finally gave consent upon specific terms stated citizenship act successor nationality act acts read light declaration policy favoring freedom expatriation stands unrepealed hackworth digest international law one contention petitioner novel one naturalization meet requirements act take place within boundaries foreign state answer phrase american citizen shall deemed expatriated naturalized foreign state conformity laws emphasis supplied refers merely naturalization citizenship foreign state refer place naturalization proceeding occurs matter even clearly dealt act section lists obtaining naturalization foreign state means losing nationality section expatriation shall result performance acts listed within national performing thereafter takes residence abroad thus congress expressly recognized naturalization foreign state included naturalization proceedings led citizenship foreign state took place within petitioner principal contention intend give american citizenship although applied accepted italian citizenship intent prevail however acts upon statutes expressly condition consent government expatriation citizens stated objectively suggestion statutory language effect specified overt acts voluntarily done conditioned upon undisclosed intent person long recognized general undesirability dual allegiances since congress required alien seeking american citizenship declare absolutely entirely renounce abjure allegiance fidelity every foreign prince potentate state sovereignty whatever particularly name prince potentate state sovereignty whereof citizen subject stat see temporary limited duality citizenship arisen inevitably differences laws respective nations naturalization expatriation shall become effective nothing however act implies congressional intent american citizen performed overt act spells expatriation wording statute nevertheless preserve duality citizenship showing intent understanding contrary usual legal consequences act interpreting act existed passed upon substantially question section provided american woman marries foreigner shall take nationality husband stat repealed stat provision effect woman citizen married subject great britain residing california woman intended give american citizenship advised done sought writ mandamus compel local board elections register voter showed necessary qualifications registration provided established american citizenship held coverture expatriation binding upon statutory consequence marriage foreigner spite contrary intent understanding american citizenship accordingly denied relief mackenzie hare see also ex parte griffin cf perkins elg petitioner instant case competent adult voluntarily knowingly sought obtained italian citizenship application naturalization oath allegiance italian understand savorgnan understand italian able translate explain signed knew instruments related citizenship signature important condition upon marriage depended thus responsible understanding english basis married whatever legal consequences acts may bound government contends vigorously petitioner italian naturalization expatriated contends provides sufficient basis act affirm decision appeals without reference petitioner subsequent residence abroad recognizing force alternative ground affirmance rest decision upon however entitled noted government argument residence abroad may required act expressly required act required act see mackenzie hare government concedes however least since state department considered residence abroad necessary element expatriation hackworth digest international law view petitioner residence abroad makes unnecessary determine case status taken residence abroad accordingly ii effect upon petitioner american citizenship residence italy nationality act including repeal citizenship act took effect january petitioner residence abroad began date contended effect residence may determined either terms act act continued force saving clause act find however petitioner residence naturalization effect whether resort saving clause accordingly necessary determine whether petitioner residence naturalization tested saving clause rest act petitioner residence abroad met requirements act sections used terms residence place general abode without mention intent person concerned act cleared uncertainties left early decisions type amount residence abroad required establish expatriation contrast terms temporary residence domicile removal family effects absolute removal permanent residence new act used term residence plainly possible denote objective fact identify required place residence required place general abode confirmation intended simplification appears report revision codification nationality laws submitted secretary state attorney general secretary labor congress bill became nationality act definitions residence frequently include element intent future place abode however section hereof mention made intent actual place general abode sole test determining residence words place general abode taken second paragraph section citizenship act march stat seem speak relate principal dwelling place person judgment appeals accordingly affirmed case remanded district directions dismiss petition enter judgment favor defendants conformity opinion affirmed justice frankfurter justice black joins opinion judgment district reinstated law course determines legal consequences conduct citizenship act nationality act raise issues fact district allowably found facts favor petitioner since expatriation follow basis finding judgment district disturbed supp footnotes naturalized citizen shall resided two years foreign state came five years foreign state shall presumed ceased american citizen place general abode shall deemed place residence said years provided however presumption may overcome presentation satisfactory evidence diplomatic consular officer rules regulations department state may prescribe provided also american citizen shall allowed expatriate country war emphasis supplied stat ed sec person national whether birth naturalization shall lose nationality obtaining naturalization foreign state either upon application naturalization parent legal custody person taking oath making affirmation formal declaration allegiance foreign state emphasis supplied stat sec except provided subsections section national expatriate expatriated section within outlying possessions expatriation shall result performance within outlying possessions acts fulfillment conditions specified section national thereafter takes residence abroad emphasis supplied stat stat sec purposes sections act place general abode shall deemed place residence emphasis supplied stat translation shows instrument included following statement person question rosetta andrus sorge rosette sorge savorgnan later became petitioner instant case requested take oath pronounced following words rosetta andrus sorge born american citizen declare renounce truth renounce american citizenship swear faithful king italy albania emperor ethiopia royal successors loyally observe statutes laws kingdom italy emphasis supplied see notes supra government claims petitioner signing instrument containing oath allegiance king italy oath allegiance foreign state within meanings act act agree see note supra section act set full note infra true requirements expatriation nationality act see notes supra see also bauer clark cir reynolds haskins cir ex rel de cicco longo supp ex rel wrona karnuth supp full text see note supra santissima trinidad wheat murray charming betsy cranch case isaac williams opinion ellsworth see cranch talbot janson dall ex parte griffin comitis parkerson la op atty op atty whereas right expatriation natural inherent right people indispensable enjoyment rights life liberty pursuit happiness whereas recognition principle government freely received emigrants nations invested rights citizenship whereas claimed american citizens descendents subjects foreign owing allegiance governments thereof whereas necessary maintenance public peace claim foreign allegiance promptly finally disavowed therefore enacted senate house representatives america congress assembled declaration instruction opinion order decision officers government denies restricts impairs questions right expatriation hereby declared inconsistent fundamental principles government stat see note supra see note supra see note supra see note supra present statute requires oath following form hereby declare oath absolutely entirely renounce abjure allegiance fidelity foreign prince potentate state sovereignty heretofore subject citizen support defend constitution laws america enemies foreign domestic bear true faith allegiance take obligation freely without mental reservation purpose evasion help god acknowledgment whereof hereunto affixed signature stat see hackworth digest international law citizenship board appointed secretary state proposed expatriation provisions act said support true conflicting laws subject citizenship different countries child may born double allegiance man permitted deliberately place position services may claimed one government allegiance due one doc sess act congress added number per se acts expatriation included among others entering armed forces foreign state accepting office foreign state nationals state eligible voting political election foreign state lack intent abandon american citizenship certainly offset fortiori mature citizen accepted naturalization full citizenship foreign state intended congress greater freedom establish duality citizenship congress found necessary world war enact special legislation assist men regain american citizenship expatriated taking foreign oath allegiance required permit enlist armies certain foreign nations stat et seq see cong rec sess sess cong rec forsaking american citizenship even difficult situation matter expediency attempted excuse conduct later crass material considerations suggest course duress doreau marshall cir see cases real duress dos reis nicolls cir schioler supp gogal supp see act stat apparent congress intend leave gap statutory coverage acts expatriation sec nothing contained chapter including expressly repealed act act unless otherwise provided therein shall construed affect validity declaration intention petition naturalization certificate naturalization citizenship document proceeding shall valid time act shall take effect affect prosecution suit action proceedings civil criminal brought act thing matter civil criminal done existing time act shall take effect prosecutions suits actions proceedings acts things matters statutes parts statutes repealed act hereby continued force effect stat section act see note supra may apply antecedent naturalizations oaths allegiance well future ones statute made retroactive merely draws upon antecedent facts operation cox hart see also reynolds bradley cir ex rel rojak marshall op atty see note supra see note supra permanent residence intended statute used term act stat hearings house committee immigration naturalization superseded sess test made saving clause quoted note supra may mean need character residence determined act contention department justice residence abroad required practice department state residence abroad required hackworth digest international law believe provisions act substantially reflect requirements residence