schneiderman argued march decided june rehearing denied see wendell willkie new york city petitioner chas fahy sol washington respondent justice murphy delivered opinion brought case certiorari importance possible relation freedom thought question whether naturalization petitioner admitted member communist party properly set aside courts twelve years granted agree brethren minority relations russia well views regarding government merits communism immaterial decision case concern congress meant certain statutes whether government proved case high duty carry congress performance duty jealous regard rights petitioner let judgment guided far law permits spirit freedom tolerance nation founded desire secure blessings liberty thought action upon right american citizenship conferred statute well native born certainly presume congress motivated lofty principles directly concerned rights petitioner circumstances surrounding naturalizati overlook fact heterogeneous people larger cities majority school children offspring parents one generation far removed steerage immigrant ship children sought refuge new world cruelty oppression old men burned stake imprisoned driven exile countless numbers political religious beliefs ahve hoped achieve political status citizens free world men privileged think act speak according convictions without fear punishment exile long keep peace obey law proceeding begun june provisions act june stat cancel petitioner certificate citizenship granted section gives right duty set aside cancel certificates citizenship ground ground procured complaint charged certificate illegally procured petitioner time naturalization five years proceding naturalization behaved person attached principles constitution well disposed good order happiness truth fact said times respondent petitioner member affiliated believed supported principles certain ganizations known workers communist party america young workers communist league america whose principles opposed principles constitution advised advocated taught overthrow government constitution laws force violence complaint also charged frandulent procurement petitioner concealed communist affiliation naturalization government proceeds upon charge fraud upon charge illegal procurement naturalization proceeding government asked confer privilege citizenship upon applicant instead government seeks turn clock back twelve years full citizenship conferred upon petitioner judicial decree deprive priceless benefits derive status consequences serious taking one property imposition fine penalty safe assert nowhere world today right citizenship greater worth individual country difficult exaggerate value importance many regarded highest hope civilized men mean granted alien citizenship revoked cancelled legal grounds appropriate proof right conferred taken away without clearest sort justification proof whatever may rule naturalization proceeding see manzi action instituted purpose depriving one precious right citizenship previously conferred believe facts law construed far reasonably possible favor citizen especially attack made long time certificate citizenship granted citizen meanwhile met obligations committed act lawlessness denied burden proof government case reasons presently stated burden must met evidence clear convincing character citizenship conferred upon petitioner done accordance strict legal requirements dealing decree entered opportunity heard time petitioner secured certificate citizenship federal district southern district california notice filing naturalization petition required given ninety days petition acted act hearing petition take place open right appear petitioner witnesses introduce evidence oppose petition acting upon petition district exercised judicial power conferred article iii constitution government right appeal decision granting naturalization tutun record us reveal circumstances petitioner naturalized except took place open know whether government exercised right appear appeal whether hard fact remains judgment rights solemnly conferred first case come us government sought set aside decree naturalization years granted charge finding attachment erroneous accordingly first time consider nature scope government right denaturalization proceeding finding judgment attachment upon charge illegal procurement view take case reach therefore consider two questions raised concerning scope right first question whether aside grounds lack jurisdiction kind fraud traditionally vitiates judgments cf throckmorton kibbe benson wall congress constitutionally attach exercise judicial power rticle iii constitution authority judgment granting certificate citizenship judgment become final exhaustion appellate process failure invoke second question whether act government absence claim fraud relying wholly upon charge illegal procurement secure de novo naturalization finding judgment applicant citizenship attacked principles constitution consider questions though assume without deciding absence fraud certificate naturalization set aside procured finding attachment later seem erroneous opinion judgment reversed finding attachment reconsidered denaturalization suit decisions make plain government needs bare preponderance evidence prevail remedy afforded government denaturalization statute said narrower one direct appeal granting petition tutun cf ness johannessen certificate citizenship instrument granting political privileges open like public grants revoked shall found unlawfully fraudulently procured respect closely analogous public grant land see also tutun supra set aside grant evidence must unequivocal done upon bare preponderance evidence leaves issue doubt maxwell case maxwell san jacinto tin cf rovin see wigmore evidence ed rights conferred lightly revoked especially true rights precious conferred solemn adjudication situation citizenship granted government evidence case measure exacting standard certain facts undisputed petitioner came country russia approximately three age sixteen became charter member young workers communist league los angeles remained member age eighteen filed declaration intention become citizen later year early became member workers party predecessor communist party membership continued present petition naturalization filed january certificate citizenship issued june district southern district california arrested subjected censure prior nothing record indicating ever connected overt illegal violent action disturbance sort case called petitioner one humphreys former member communist party one hynes los angeles police officer formerly charge radical squad witnesses introduced evidence number documents petitioner testified behalf introduced documentary evidence read record transcripts testimony two university professors given another proceeding petitioner testified following boy lived los angeles poverty stricken circumstances joined young workers league study principles communism say conditions society considered membership activities league party period ages sixteen naturalized attempt investigate study causes reasons behind social economic conditions meanwhile working way night high school college director league duties position organize classes open public study marxist theory register students send notices meetings petitioner teaching corresponding secretary party los angeles clerical executive position became organizer official spokesman league first executive position party came made organizational secretary first california connecticut later minnesota communist party candidate governor since member party national committee present secretary party california petitioner testified time belonged league party subscribed principles organizations stated essential correctness marx theory applied communist party subscribed philosophy principles socialism manifested writings lenin understanding interpretation program principles practice party since joined essentially enunciated party constitution denied charges complaint specifically denied party advocated overthrow government force violence attached principles constitution considered membership party compatible obligations american citizenship stated believed retention personal property personal use advocated social ownership means production exchange compensation owners believed hoped socialization achieved democratic processes history showed ruling minority always used force majority surrendering power dictatorship proletariat petitioner meant people shall really direct destinies use instrument state truly democratic ends stated bear arms native russia necessary humphreys testified member communist party understood expelled refused take orders petitioner taught present forms government abolished dictatorship proletariat established revolutionary process asserted program party socialization property without compensation regard advocacy force violence said communist party took defensive put first users force upon capitalistic government claimed capitalistic government resist establishment soviet system force violence working class justified using force violence establish soviet system society hynes testified member party eight months stated communist method bringing change form government one force violence based statement upon gained member knowledge gained reading various official publications published circulated communist party observation actual contact activities communist party cross examination hynes admitted never attempted philosophic analysis literature read read secure evidence reading underscoring portions opinion force violence overthrowing system government lawful means provided constitution testified never saw behavior petitioner part brought conflict law testimony two professors discussed marxian theory evidenced writings marx engels lenin concluded advocate use force violence method attaining objective written opinion district held petitioner certificate naturalization illegally procured organizations petitioner belonged opposed principles constitution advised taught advocated overthrow government force violence therefore petitioner reason membership organizations participation activities principles constitution well disposed good order happiness district also made purported findings facts effect petitioner attached principles constitution well disposed good order happiness disbeliever organized government fraudulently concealed membership league party naturalization oath allegiance false conclusion law certificate illegally fraudulently procured pertinent findings fact points set forth general conclusions ultimate fact impossible tell upon underlying facts relied whether proper statutory standards observed rendered unnecessary broad view take case inclined reverse remand district purpose making adequate findings circuit appeals affirmed ground certificate illegally procured holding finding petitioner oath false erroneous granted certiorari heard argument reargument reverse judgments constitution authorizes congress establish uniform rule naturalization art cl may assume naturalization privilege given withheld conditions congress sees fit cf macintosh dissenting opinion chief justice hughes page page see also tutun turner williams firmly rooted tradition freedom belief certainly presume construing naturalization denaturalization acts congress meant circumscribe liberty political thought general phrases statutes chief justice hughes said dissent macintosh case general phrases construed opposition accord theory practice government relation freedom conscience page page see also holmes dissenting schwimmer petitioner naturalized applicable statutes proscribe communist beliefs affiliation forbid naturalization disbelievers organized government members organizations teaching disbelief polygamists advocates political assassination also barred applicants citizenship required take oath support constitution bear true faith allegiance laws renounce allegiance foreign prince potentate state sovereignty made appear satisfaction naturalization immediately preceding application applicant resided continuously within five years least time behaved man good moral character attached principles constitution well disposed good order happiness whether petitioner satisfied last requirement crucial issue case apply statutory requirement attachment correctly proof adduced necessary ascertain meaning face statutory criterion attachment constitution behavior period five years man attached principles well disposed good order happiness since normal connotation behavior conduct something said proposition act created purely objective qualification limiting inquiry applicant previous conduct objective standard requirement petitioner satisfied statute conduct law abiding al respects according record never arrested connected disorder single written spoken statement relevant period thereafter advocating violent overthrow government indeed even statement apart testimony proceeding desired change constitution produced sole possible criticism petitioner membership activity league party memberships qua memberships immaterial act schwimmer macintosh however held statute created test applicant act must behave man attached principles constitution must attached fact time naturalization stop reexamine construction even accepted result changed mentioned agree statement chief justice hughes dissent macintosh case behavior requirement general phrase construed opposition accord theory practice government relation freedom conscience page page see also dissenting opinion justice holmes schwimmer case supra pointed denaturalization proceeding judgment merely claim grant attacked assuming entitled attack finding attachment upon charge illegality must sustain heavy burden rests upon prove lack attachment unequivocal convincing evidence leave issue doubt attachment requirement construed indicated think government carried burden proof claim petitioner fact attached constitution well disposed good order happiness time naturalization previous five year period twofold first believed sweeping changes constitution simply attached second believed advocated overthrow force violence government constitution laws support position petitioner fact attached principles constitution membership league party government directed attention first petitioner testimony subscribed principles organizations certain alleged party principles statements party leaders said fundamentally variance principles constitution point appropriate mention fully developed traditions beliefs personal matter mere association men adhering political party organization notoriously subscribe unqualifiedly platforms asserted principles said among communist principles abolition private property without compensation erection new proletarian state upon ruins old bourgeois state creation dictatorship proletariat denial political rights others members party proletariat creation world union soviet republics statements american democracy purposes party antagonistic purposes american democracy called stressed principles views generally fact distasteful call considerable change present form government society think government carried burden proving evidence leave issue doubt petitioner fact attached principles constitution well disposed good order happiness naturalized constitutional fathers fresh revolution forge political generations come instead wrote article first amendment guaranteeing freedom thought soon followed article contains procedural provisions constitutional change amendment without present limitation whatsoever except state may deprived equal representation senate without consent cf national prohibition cases state rhode land palmer provision many important changes made constitution since refute idea attachment particular provision provisions essential one advocates radical changes necessarily attached constitution rovin justice holmes said show lack attachment principles constitution one thinks improved schwimmer supra dissent criticism sincerity desires improve constitution judged conformity prevailing thought principle constitution imperatively calls attachment principle free free thought agree us freedom thought hate id see also chief justice hughes dissenting macintosh supra page page whatever attitude may individually hold toward persons organizations believe advocate extensive changes existing order desire concern times uphold right free discussion free thinking people claim primary attachment neglect duty proceeding called upon judge whether particular individual failed manifest attachment constitution ironical indeed concern congress meant extent area allowable thought statute generality terms employed evident congress intended elastic test one circumscribed attempts precise definition view tradition freedom thought presumed congress act predecessors intended offer naturalization whose political views coincide considered best founders majority country today especially since language used posing general test necessarily susceptible repressive construction government agrees alien think laws constitution amended many respects still attached principles constitution within meaning statute without discussing nature extent permissible changes government insists alien must believe sincerely adhere political philosophy constitution petitioner said opposed philosophy minimum requirements set forth margin argued bar since article contains limitations person attached constitution matter extensive changes desires long seeks achieve ends within framework article need consider validity extreme position government construction accepted carried burden proof even test district state findings principles held petitioner communist party opposed constitution indicated lack attachment see note ante opinion merely relied upon saralieff tapolcsanyi without fresh examination question light present record circuit appeals deduced party principles roughly ones government presses stated views constitution pages regard constitutional changes desired petitioner testified believed nationalization means production exchange compensation preservation utilization structure far possible advantage working classes stated proletariat meant government state things majority people shall really direct destinies use instrument state truly democratic ends none necessarily incompatible political philosophy constitution outlined government true fifth amendment protects private property even taking public use without compensation throughout history many sincere people whose attachment general constitutional scheme doubted various even divergent reasons urged differing degrees governmental ownership control natural resources basic means production banks media exchange either without compensation something regarded species private property abolished without compensating owners institution slavery forbidden said author emancipation proclamation supporters thirteenth amendment attached constitution conclude lack attachment constitution shown basis changes petitioner testified desired constitution turning seriatim consideration government asserts principles communist party petitioner believed opposed constitution conclusion remains government proved unequivocal convincing evidence naturalization satisfied petitioner attached principles constitution naturalized already disposed principle nationalization agents production exchange without compensation erection new proletariat state upon ruins old bourgeois state creation dictatorship proletariat may considered together concept dictatorship proletariat one loosely used upon words light shed much argument directed achieved offered precise definition general sense term may taken describe state workers masses rather bourgeoisie capitalists dominant class theoretically control class dictatorship sense absolute total rule one individual far record us indicates concept fluid one capable adjustment different conditions different countries meager indications form take country appear necessarily mean end representative government federal system program constitution workers party criticized constitutional system checks balances senate power pass legislation involved procedure amending constitution characterizing devices designed frustrate majority platform communist party adopted petitioner naturalization hence strictly relevant advocated abolition senate veto power president replacement congressional districts workers legislative executive power indeed significant changes present government safe say desired majority people whatever personal views judges say person advocates adoption peaceful constitutional means fact attached institutions enumerated necessary government test political philosophy conceivable liberty maintained without senate gone free criticism one object seventeenth amendment make responsive public unicameral legislature unknown country true played large part unfolding constitutional plan sometimes much opinion observers arrogant indeed presumed government laws protection minority groups impossible without like agencies government various times existence escaped shafts critics whose sincerity attachment constitution beyond accused assuming functions judicial review intended conferred upon abusing functions thwart popular advocated various remedies taking wide range hardly conceivable consequence freeing legislative branch restraint executive veto end constitutional discussion certainly mean indicate favor changes preference aversions bearing concern extent allowable area thought statute decide possible advocate changes still attached constitution within meaning government minimum test provisions constitution singled requiring unqualified attachment guaranties bill rights especially freedom thought contained first amendment cf justice holmes dissent schwimmer supra reach however question whether petitioner attached principles co stitution believed denying political civil rights persons members party proletariat basis record us clearly shown denial principle organizations petitioner belonged since doubtful principle organizations certainly much speculative whether part petitioner philosophy documents record indicate enemies proletariat deprived political rights lenin however wrote necessary realize dictatorship proletariat party platform demanded unrestricted right organize strike picket unrestricted right free speech free press free assemblage working class program communist international proletarian state grant religious freedom time carry propaganda hold petitioner attached constitution reason possible belief creation form world union soviet republics unless willing hold regard believe league nations union form international collaboration collective security may grow present holocaust distinction invidious one based fact might agree tolerate latter dislike disagree former room allowed think congress intended free play ideas none foregoing principles might held stand forth sufficient clarity imputed petitioner basis membership activity league party testimony subscribed principles organizations enough whatever opinion merits prove necessarily attached constitution naturalized cumulative effect greater apart question whether alleged principles party petitioner assertedly believed fundamentally opposed constitution attached principles government contends petitioner attached believed use force violence instead peaceful democratic methods achieve desires support phase argument government asserts organizations petitioner actively affiliated advised advocated taught overthrow government constitution laws force violence petitioner therefore believed method governmental change apart membership league party recor barren conduct statement petitioner part indicates slightest believed advocated employment force violence instead peaceful persuasion means attaining political ends find believed advocated necessary therefore find principle organizations belonged impute principle basis activity organizations statement subscribed principles government frankly concedes normally true unsound impute organization views expressed writings members impute writings member government contends however proper impute petitioner certain excerpts documents evidence upon particularly relies show advocacy force violence principle communist party documents official publications carefully supervised party party notorious discipline members petitioner mere file accidental member party intelligent educated individual leader organizations intellectual revolutionary since immediate problem determination certainty petitioner beliefs events writings since time little relevance parties attempted confine within limits critical period time question whether advocacy governmental overthrow force violence principle communist party perplexed courts administrators legislators students varying records deportation proceedings courts held administrative findings party advocate wanting evidential support amount denial due others held contrary different seem taken position judicially notice force violence party principle never passed upon question whether party advocate unnecessary us commendable candor government admits presence sharply conflicting views issue force violence party principle also concedes communist literature respect force violence susceptible interpretation rhetorical literal insists however excerpts documents particularly relies enough show trial finding communist party advocated violent overthrow government erroneous hence set aside previously pointed trial findings indicate bases conclusions documents published prior stressed government pertinent excerpts noted margin communist manifesto marx engels state revolution lenin statutes theses conditions admission communist international theory practice ism written stalin government also sets forth excerpts documents entitled little weight published critical period bombastic excerpts set forth notes inclusive upon government particularly relies lend considerable support charge say reasonable man possibly found district communist party actively urged overthrow government force violence issue concerned question whether reasonable man might conclude narrow issue whether ministrative findings effect lacking evidentiary support amount denial due process pointed denaturalization proceeding government entitled attack finding attachment assumed burden rests upon prove alleged lack attachment unequivocal convincing evidence burden carried government proved petitioner beliefs subject force violence attached constitution first place phase government case subject admitted infirmities proof imputation difficulties method proof increased fact unfortunately absolutely accurate test political party principles political writings often polemics bearing imprint period place written philosophies generally studied vacuo meaning may wholly distorted lifting sentences context instead construing part organic whole every utterance party leaders taken party gospel deny experience men recognize official party programs unfortunately often opportunistic vices much honored breach observance basis present record say communist party different respect principles stand forth perfect clarity especially relation crucial issue advocacy force violence upon government admits evidence sharply conflicting presence conflict second weakness government chain proof eliminated assiduously adding excerpts documents evidence culled government reality conflict record us pointed quickly relevant prior documents relied upon government three writings outstanding marxist philosophers leaders fourth world program manifesto proclaimed autocratic europe engaged suppressing abortive liberal revolutions year background tone surprising authors later stated however certain countries england workers may hope secure ends peaceful means lenin doubted militant work state revolution written eve bolshevist revolution russia may interpreted intended part justify bolshevist course refute anarchists social democrats stalin declared marx exemption england longer valid wrote however proposition prestige party built upon violence absurd absolutely incompatible leninism lenin wrote order obtain power state class conscious workers must win majority side long violence used masses road power blanquists favor seizure power minority constitution communist party petitioner claimed first written constitution ever officially adopted party asserted enunciated principles party understood beginning membership ostensibly eschews resort force violence element party tactics tenable conclusion foregoing party desired achieve purpose peaceful democratic means theoretical matter justified use force violence method preventing attempted forcible party obtained control peaceful manner method last resort enforce majority indefinite future time peculiar circumstances constitutional peaceful channels longer open material difference agitation exhortation calling present violent action creates clear present danger public disorder substantive evil mere doctrineal justification prediction use force hypothetical conditions indefinite future calculated intended presently acted upon thus leaving opportunity general discussion calm processes thought reason cf bridges california justice brandeis concurring opinion whitney california see also taylor mississippi term difference may assume congress intended general test act deny naturalization persons falling first category second construction statute favored preserves novitiates well citizens full benefit freedom thought fundamental feature political institutions conflicting evidence case say government proved preponderance evidence issue doubt attitude communist party towards force violence susceptible classification second category petitioner testified subscribed interpretation party principles naturalized nothing conduct inconsistent testimony conclude government carried burden proving unequivocal convincing evidence leave issue doubt petitioner obtained citizenship illegally holding decide interpretation party attitude toward force violence probable basis present record petitioner testimony acceptable face value hold two interpretations organization program possible one reprehensible bar naturalization permissible denaturalization proceeding assuming finding attachment upon charge illegal procurement justified canceling certificate citizenship imputing reprehensible interpretation member organization absence overt acts indicating interpretation uncertain chain proof add requisite unequivocal convincing evidence setting aside naturalization decree law otherwise valuable rights rest upon slender reed security status naturalized citizens might depend considerable degree upon political temper majority thought stresses times consequences foreign best traditions nation characteristics institutions ii disposes issues framed government complaint pressed additional reasons conclusion petitioner naturalization fraudulently illegally procured district found however petitioner disbeliever member organization teaching disbelief organized oath allegiance required false issues outside scope another ground urged support judgment district made findings outside scope complaint consider said de jonge oregon upon charge made sheer denial due process denaturalization suit criminal proceeding neither ordinary civil action since involves important adjudication status consequently think government limited criminal proceeding matters charged complaint one ground advanced support judgment considered lower courts merit detailed treatment petitioner entitled naturalization deportable immigration act stat amended stat alien member organization advocating overthrow government force violence issue answered prior discussion evidence record relating force violence assuming deportability time naturalization satisfies requirement illegality governs proceeding failure establish adequately attitude toward force violence organizations petitioner belonged forbids denaturalization ground membership judgment reversed cause remanded circuit appeals proceedings conformity opinion ordered reversed remanded directions justice douglas concurring join opinion agree petitioner want attachment principles constitution shown unequivocal convincing evidence seeks deprive person american citizenship carries heavy burden showing procured unlawfully burden sustained present record opinion makes plain unless extreme views within petitioner party imputed attributed unless doubts may exist concerning beliefs resolved rather favor another view problem raised type case basic merit separate statement sec naturalization act gives power duty institute actions set aside cancel certificates citizenship ground ground procured sec nothing fraudulent unlawful honest lawful done imposes new penalty upon wrongdoer fair hearing judicially determined wrongful conduct obtained title citizenship act provides shall deprived privilege never rightfully johannessen see luria statutory words strong words fraud notes perjury concealment falsification misrepresentation like certificate illegally distinguished fraudulently procured obtained without compliance precedent authority grant petition naturalization maney act question earlier later congress prescribed numerous conditions precedent issuance certificate included requirement applicant anarchist polygamist presentation certificate arrival ness requirement final hearing open ginsberg residence requirement general requirement applicant able speak english language etc foregoing illustrative one type condition congress specified another type illustrated required finding attachment sec read stated made appear satisfaction applicant behaved man good moral character attached principles constitution well disposed good order happiness view congress provision made finding condition ent weight evidence underlying finding finding course set aside grounds fraud far certificates procured concerned heretofore permitted used merely enforce express conditions specified act course true applicant citizenship required come forward make showing necessary required findings earlier act showing finding congress expressed form condition broadened judicial construction permit findings attachment set aside reasons fraud issue illegality made turn judge satisfied applicant attachment evidence underlying finding condition readily implied anarchist naturalized may bring action set aside certificate grounds illegality since congress act forbids naturalization anarchists alien anarchist obtains certificate procured illegally whatever naturalization might find true communists congress declared ineligible citizenship proof one communist adhere party belief become like express conditions act fact grant predicated johannessen supra page page act congress treat communists like anarchists neither statute official forms used applicants called expression petitioner attitude relationship communism foreign political creed except anarchy like findings attachment entrusted naturalization general standard guide however applicant least two witnesses makes appraisal applicant weighs evidence conclusion must often rest imponderable factors present case know far naturalization probed petitioner political beliefs affiliations know inquiry made know satisfied petitioner principles constitution must assume finding underlies judgment granting citizenship cf tutun supported evidence must assume evidence embraced relevant facts since charge concealment misrepresentation made respondent must assume applicant judge acted utmost good faith applicant answers questions required concealment misrepresentation findings attachment set aside grounds illegality proceedings comport accepted notion illegality say spite utmost good faith part applicant judge spite full compliance express statutory conditions certificate illegally procured another judge appraise evidence differently mean time obtain trial de novo political faith applicant hardly conceivable congress intended result earlier act except narrow group political creeds anarchy specially provided chief justice hughes stated dissent macintosh phrase principles constitution general one construed opposition accord theory practice government relation freedom conscience mindful criterion construction findings attachment underly certificates may set aside years later evidence citizenship whose political faiths become unpopular passage time becomes vulnerable one thing agree congress take step chose see turner williams done plain words loathe imply congress sanctioned procedure absence fraud permitted man citizenship attacked years grant political beliefs social philosophy economic theories tread close domain freedom conscience without explicit mandate specify conditions citizenship granted withheld aliens least two interpretations naturalization act possible choose one hospitable ideal american citizenship stands citizenship granted basis statutory right congress created tutun supra granted express statutory conditions precedent satisfied adhere view judgment naturalization final conclusive except fraud since contend fraud vitiates certificate judgment must reversed justice rutledge concurring join opinion add follows emphasize think bottom case immediately concerned one man william schneiderman actually though indirectly decision affects millions seventeen years federal adjudged entitled citizen judgment nullified stripped precious right nothing reexamination upon merits facts judgment established naturalized person citizenship secure done length time done thirty fifty years done schneiderman done thousands tens thousands others needed produce evidence one federal district judges draw conclusion concerning one ultimate facts issue opposite drawn judge decreeing admission statute terms prescribe facts important ones effect merely drawing contrary conclusion though conflicting evidence later time overturn judgment applicant might admitted today upon evidence satisfying complied requirements judgment might affirmed appeal certiorari yet day ten years later district judge overthrow evidence conflicting gave room contrary inferences different evidence might presented first law right naturalized citizen acquires admission creates nothing citizenship attenuated suspended animation acquires prima facie status ernment moves cancel certificate knows outcome know whether done nothing forbids repeating harrowing process unless weariness courts lead finally speak res judicata citizen threat hanging head free belonged organizations held radical perhaps reactionary views segment judicial palate admission took place open mouth without fear words held whatever might say whatever organization might advocate hauled forth time show belief day admission time citizen admitted liberty best course silence hypocrisy citizenship adjudication may doubted framers constitution intended create two classes citizens one free nd independent one haltered lifetime string tied status however may conceding power revoke exists rightly exist extent question remains whether power admit delegated courts way determination made determines concludes nothing finality every fact issue going right citizen reexamined upon different proof years decades later done de novo judgment entered whether respect burden proof required reach different decision otherwise judgment determine settle finality review admission affirmed fact adjudicated next day involved redecided contrary congress empowered determine others review confirm time later authorize trial overturn decrees causes held sufficient overturn decrees undertake decide questions bearing one decided judgment attacked tutun accordingly say issue identical presented naturalization proceeding merely one fact upon therefore finding trial concludes consequently business speak speaking appellate intermeddling ignores vital fact judgment rendered exercise judicial power created article iii sought merely grant like patent land invention congress plenary power naturalization one disputes power application delegated courts say congress placed body decree breath judgment rendered shall conclusive effect limits may place another matter making adjudication article iii merely advisory opinion prima facie evidence fact facts determined congress limited exceptions plenary power jurisdiction federal courts confer jurisdiction time nullify entirely effects exercise matters heretofore thought squarely faced within authority say therefore trial function case admitting ignore vast difference overturning judgment adjudicated facts deciding initially upon facts adjudged argument made deportation statutes likewise ignores difference answer say congress provided redetermination part statute conferring right admission therefore condition ignores question whether congress condition judgment another way saying determinatio made exercise judicial power article iii conditioned legislative mandate determine finally ultimate fact issue effect cancellation nullify judgment admission judgment one disputes quality requires burden proof held congress intended order overturn judgment one least coordinate cancellation proceeding attacks seeks overthrow requires much least solemn decrees may lightly overturned citizens may deprived status merely one judge views political beliefs critical eye different slant however honestly sincerely another beyond need go decision go beyond function usurp another tribunal go far danger implicit finding easily purpose congress denaturalize communists status many naturalized citizens may put jeopardy underlying questions need determined unless necessity compels chief justice stone dissenting two courts found petitioner time naturalized belonged communist party organizations opposed principles constitution advised advocated taught overthrow government force violence found petitioner believed supported principles organizations found also petitioner time naturalization period five years immediately preceding filing petition naturalization behaved person attached principles constitution well disposed good order happiness think findings abundantly supported evidence hence within judicial competence set though sitting trial judges might made finding judgment cancelling petitioner citizenship ground illegally obtained therefore affirmed finality attaches trial determinations fact evidence heard open ordinarily saves appellate intermeddling remembered every case save one alone important emphasize question decision much simpler made appear whether petitioner securing citizenship naturalization fulfilled condition congress imposed every applicant five years preceding application behaved man attached principles constitution well disposed good order happiness decision whether lawfully entitled citizenship procured consequently whether entitled retain must turn existence attachment principles constitution applied citizenship must inferred trier fact conduct period must decide whether district compelled find want attachment whether record warrants finding question petitioner opinions may influenced may explain conduct showing attachment want principles constitution question freedom thought speech opinion present imminent danger acceptance citizens attached principles form government case obviously nothing relations russia petitioner born past present views russian political social system interest nations demanding seek citizenship measure attachment institutions concern declared congress shall man shall become citizen retain citizenship whose behavior five years application show attachment principles constitution constitution conferred congress exclusive authority prescribe uniform rules governing naturalization article cl congress exercised power prescribing conditions conformity aliens may obtain privilege citizenship laws constitution person given right demand citizenship save upon compliance conditions alien seeks political rights member nation rightfully obtain upon terms conditions specified congress courts without authority sanction changes modifications duty rigidly enforce legislative respect matter vital public welfare ginsberg whenever person right citizenship drawn question judge duty loyally see conditions disregarded present suit cancel petitioner previously granted certificate citizenship brought pursuant act congress section act june stat enacted long prior petitioner naturalization section authorizes suit instituted attorney set aside certificate naturalization ground fraud ground certificate citizenship illegally procured dissenting voice many times held suit statute duty render judgment cancelling certificate naturalization finds upon evidence applicant satisfy conditions congress made prerequisite award citizenship johannessen luria maibaum ginsberg ness maney schwinn provision review judgment awarding citizenship within legislative power congress plainly subject constitutional infirmity johannessen supra especially statute antedated petitioner citizenship review thus condition award luria supra decisions uniformly recognized congress power deny citizenship aliens altogether may safeguard grant privilege precious individual vital country welfare procedure determining existence indispensable requisites citizenship established alien slightest right naturalization unless statutory requirements complied every certificate citizenship must treated granted upon condition government may challenge provided demand cancellation unless issued accordance requirements procured prescribed qualifications existence fact illegally procured manifest mistake judge supply render existence nonessential ginsberg supra speaking unanimous justice brandeis thus stated today settled law certificate procured scribed qualifications existence fact may cancelled suit tutun congress seen fit interpose statute limitations suggestion government derelict bringing suit earlier petitioner prejudiced delay hence issue us whether petitioner naturalized satisfied statutory requirements issue presented appeal judgment granting denying naturalization upon evidence presented although may assumed proceeding burden proof rests government brought suit establish petitioner want qualifications need stop consider whether petitioner failure naturalization proceeding disclose facts resulted denial application constituted fraud within meaning statute present purposes enough evidence supports conclusion courts petitioner want attachment principles constitution ever since enactment construed requiring certificates citizenship cancelled illegally procured whenever finds evidence time naturalization applicant fact satisfy statutory prerequisites meet exigencies case first time proposed concurring opinion justice douglas new construction given statute preclude inquiry concerning fact petitioner attachment constitution said proceeding inquiry permitted apart fraud regularity naturalization proceedings face much petitioner fell short meeting statutory requirements filed pro forma affidavits two persons barely stating met statutory requirements residence moral character attachment constitution basis affidavits made requisite findings order inquiry foreclosed easy proposal emasculation statute several plain obvious answers section authorizes directs government institute suit cancel certificate naturalization ground fraud ground certificate illegally procured never thought certificate citizenship procured one satisfied statutory conditions citizenship nevertheless lawfully procured concurring opinion justice douglas suggests purposes principles constitution condition becoming citizen suggests statute satisfied even though applicant never fact attached principles constitution long attachment made appear pro forma affidavits satisfaction naturalization said case regardless whether fact affidavits certificate citizenship based wholly mistaken despite fact naturalization proceeding apparently ex parte proceeding government represented seem passing strange authorized cancellation citizenship failure hold naturalization hearing open instead judge chambers ginsberg supra failure present requisite certificate arrival country maney supra thought less concerned applicant attachment principles constitution well disposed good order happiness important selection citizens prospective citizen attached principles constitution moreover absence fraud finding naturalization case final hence beyond reach proceeding equally final case finding contrary actual fact applicant five years continuous resident since requirement set forth sentence provides shall made appear satisfaction yet settled certificate citizenship based mistaken finding five years residence subject revocation ginsberg supra schwinn supra appeared extrinsic evidence first offered proceeding witnesses naturalization hearing mistaken length time known applicant part period witness produced actual knowledge applicant residence qualifications held without dissent certificate citizenship illegally procured reason affirmed judgment cancelling give effect language purpose congress seem must reach result case naturalization mistaken unwarranted finding attachment principles constitution even though conduct applicant witnesses naturalization hearing fell short perjury purpose authorizes government appear naturalization proceeding contest merely insure formal regularity proceeding protect injury result acceptance citizens lawfully entitled become citizens congress left naturalization proceeding simple inexpensive permitting ordinarily conducted ex parte thus approximately certificates naturalization issued year petitioner became citizen annual report secretary labor congress afforded government independent oppor unity inquire naturalization upon later scrutiny appeared certificate citizenship lawfully procured declared ness supra section designed afford cumulative protection fraudulent illegal naturalization made abundantly clear decisions years ago see johannessen supra luria supra ginsberg supra ness supra intervening years congress often revised naturalization laws thought appropriate modify interpretation function naturalization procedure persuasive interpretation proposed defies purpose congress inconceivable congress intended naturalized citizen attachment principles fundamental requirement one issue absence fraud government foreclosed examining limit government proof fraud cases read statute every instance alien demonstrably attached principles constitution procured certificate citizenship even recast act congress accordance notions policy difficult discover considerations warranting adoption device whose effect make certain persons never entitled benefits citizenship secure retain object congress enacting considering whether petitioner certificate naturalization procured fraud occasion indeed justification importing case rule derived land fraud cases fraud involves personal moral obliquity must proved clear convincing evidence issue whether petitioner committed crime whether permitted enjoy citizenship never satisfied basic conditions congress required grant privilege concerned question whether petitioner qualifications lacking lawfully entitled privilege citizenship procured nothing numerous decisions suggest issue tried fraud tried resolved cases weight evidence plausible reason advanced point need labored matter determined give aid comfort petitioner evidence case shall refer courts entitled rely clear speculative since petitioner challenged trial entitled accept convincing evidently statute seems suggested require condition citizenship man merely capable attachment principles requirement presumably mankind satisfy requires instead applicant fact attached principles seeks naturalization makes provision government institute independent suit subsequent naturalization inquire whether condition fact fulfilled congress exhibited interest petitioner capabilities congress require impossible petitioner attachment principles constitution act specifies fact attachment test requiring af irmatively shown applicant congress provided means ascertain fact judicial determination prescribed conditions award citizenship naturalization readily understood must accept expression congressional judgment aliens satisfying requirements worthy admitted privilege citizenship congress declared one entitled privilege must take oath allegiance support defend constitution laws enemies foreign domestic bear true faith allegiance act june third stat said applicant must make appear admitting citizenship five years preceding date application resided continuously within time behaved man good moral character attached principles constitution well disposed good order happiness moreover time petitioner naturalization statutes excluded admission country believe advise advocate teach members affiliated organization association society group believes advises advocates teaches overthrow force violence government act october stat amended subsection act june stat statutes also barred admission knowingly circulate distribute print display knowingly cause circulated distributed printed published displayed written printed matter advising advocating teaching overthrow force violence government subsection act october provided alien entering found become thereafter member one classes aliens enumerated shall taken custody deported see kessler strecker quite apart want attachment constitution consequent disqualification aliens citizenship belonging classes disqualify citizenship since presence without apply citizenship unlawful light opinion concedes page say reasonable man possibly found district communist party actively urged overthrow government force violence addition evidence makes clear beyond reasonable doubt petitioner time naturalization alien knowingly circulated distributed caused circulated distributed printed matter advocating overthrow government force violence wholly apart deportation statute judgment affirmed trial justified finding petitioner attached principles constitution brethren majority deny principles constitution congress passed statute requiring applicant naturalization establish man attached principles constitution stat evidently doubt members sat constitutional convention ab ence disclaimer shall assume principles among least principle constitutional protection civil rights life liberty property principle representative government principle constitutional laws broken planned disobedience assume also principles constitution hostile dictatorship minority rule principle constitution change organization government effected orderly procedures ordained constitution force fraud mind may examine petitioner behavior disclosed record five years preceded naturalization order ascertain whether basis evidence trial judge findings determining whether evidence supporting finding petitioner want attachment constitutional principles courts must look statute admonishes see whether five year period petitioner behaved man attached principles constitution must recognize attachment want personal attribute inferred relevant facts circumstances tend reveal petitioner attitude toward principles petitioner educated intelligent man took first papers eighteen years age admitted citizenship june nearly since sixteenth year continuously actively engaged promoting one way another interests various communist party organizations affiliated controlled policy action third international parent communist organization headquarters executive committee moscow evidence shows petitioner loyalty communist party organizations member party subject accepted political control party member adherence political principles tactics required constitution petitioner born russia august came old student night high school los angeles became one organizers charter members young workers league california two three period educational director league duty organize forums studies classes job register students classes send notices meeting words organize educational activities league instructors supplied outlines curriculum educational program established league national committee league whose name later changed young communist league affiliated communist international naturalized petitioner became official spokesman league directed administrative political affairs educational affairs petitioner delegate league national vention meanwhile february filed declaration intention become citizen end petitioner joined workers party later changed name workers communist party still later communist party america party section third international party constitution time petitioner became member provided article iii person accepts principles tactics workers party america agrees submit discipline engage actively work shall eligible membership applicants membership required article iii sign application card reading follows undersigned declares adherence principles tactics workers party america expressed program constitution agrees submit discipline party engage actively work likewise provided article decisions governing bodies party shall binding upon membership subordinate units organization member organization violating decisions party shall subject suspension petitioner responding secretary workers party los angeles wrote minutes sent communications meetings letter signed capacity central secretary indicates charge outgoing correspondence affiliates party attended party convention naturalization petitioner attended sixth world congress communist inte national moscow district organizational secretary party district included arizona nevada california various subsequent times district organizer connecticut minnesota california ran twice party candidate governor minnesota held official positions party time hearing district california state secretary party member state central committee facts directly probative behavior period least establish early devotion party organizations transitory inconsistent genuine settled convictions evidence shows denied communist party organization time question revolutionary party ultimate aim generally particularly england overthrow capitalistic government substitution dictatorship proletariat sought accomplish persistent indoctrination people capitalistic countries party principles organization countries sections third international systematic teaching party principles meetings classes held party auspices publication distribution communist literature constituted one basic principles party action accordance policy established second world congress party press brought party control ownership various publication agencies strict adherence party principles demanded publications required edited party members proved loyalty proletarian revolution propaganda required conform program decisions third international editors removed party members expelled publications conforming party principles barred party classes many communist party publications introduced trial constitute large part evidence case perusal record leave doubt petitioner unqualified loyalty communist party continuous services party twenty years great variety capacities familiarity party programs literature convincing proof complete devotion communist party principles desire advance throughout diligent student party publications many used communist classes educational director years immediately preceding naturalization particularly brought attention introduced evidence excerpts relative issues discussed open except may later noted deny familiarity disavow teachings official exposition doctrines party formally pledged giance diligently disseminated indoctrination fellow countrymen especially members youth organizations party circumstances especially absence disavowal petitioner assertion ignorance principles proclaimed persuasive evidence nature extent want attachment principles constitution appraising aspect useful state somewhat summary form teachings publications classified reference principles constitution relate give typical examples many given evidence unless otherwise noted shall refer petitioner familiar published auspices party official publication agencies said questioned ultimate aim communist party years preceding triumph dictatorship proletariat consequent overthrow capitalistic bourgeois government society attachment dictatorship hardly thought indicate attachment principles instrument government forbids dictatorship precludes rule minority suppression minority rights dictatorial government government points especially methods end achieved show pursue advocate methods exhibit want attachment principles constitution methods repeatedly systematically advocated communist party literature referred include first softening process breakdown disintegration capitalistic governments achieved systematic general resort violation laws second overthrow capitalistic governments force violence proclaimed countries even free ones sense lesser acuteness class struggle period arrived become absolutely necessary every communist party join systematically lawful unlawful work lawful unlawful organization class struggle almost every country europe america entering phase civil war conditions communists confidence bourgeois laws create everywhere parallel illegal apparatus decisive moment duty party every way possible assist revolution every country consequence martial law exceptional laws communists unable carry work lawfully combination lawful unlawful work absolutely necessary principle underground illegal work unwillingness understand absolute necessity communist party combining legal illegal work fact one ground expulsion party minority faction advocacy illegal conduct generally accompanied advocacy particular types illegality party instructed arouse workers violation injunction wherever injunction issued courts literature period question unlawful tactics particularly directed toward government armed forces addition unlawful work especially necessary carry unlawful work army navy refusal participate systematic propaganda agitation army treason lutionary cause incompatible affiliation third necessary things undermine destroy army order overcome abundant documentary evidence character already described support finding communist party organizations petitioner member diligently circulated printed matter advocated overthrow government force violence petitioner aided circulation advocacy beginning times relevant inquiry evidence communist party organizations advocated overthrow capitalistic governments revolution accomplished need force arms need stop consider much discussed question whether meant force used established governments misguided refuse make proletarian dictatorships amendment governmental structures effrontery defend lawless subversive attacks case end contemplated overthrow government measures advocated force violence fountain head communist principles communist manifesto published marx engels openly proclaimed communist ends attained forcible overthrow existing socal conditions teachings revived restated party publications period considering used communist educational program petitioner directing recognized prol tarian revolution impossible without violent destruction bourgeois governmental machine putting new one place dictatorship proletariat result peaceful development bourgeois society democracy result destruction bourgeois army state machine bourgeois administrative apparatus whole bourgeois political system dictatorship proletariat born bourgeois state things destruction overthrow bourgeoisie expropriation landed proprietors capitalists socialization essential instruments means production development proletarian revolution violence dictatorship proletariat revolutionary power resting violence bourgeoisie petitioner testified time naturalization subscribed philosophy principles socialism manifested writings lenin state revolution lenin petitioner familiar circulated literature department communist party used communist party classes declared necessity systematically fostering among masses point view violent revolution lies root whole marx engels teaching neglect propaganda agitation present predominant kautskian schools brings betrayal prominent relief order might misunderstanding term engels definition revolution revived restated follows act part population forces parts means rifles bayonets cannon authoritative means conquering party inevitably forced maintain supremacy means fear arms inspire reactionaries victory proletariat seems theoretical difference opinion question becomes inevitably morrow victory question decided force arms working class achieve victory bourgeois means general strike alone policy folded arms proletariat must resort armed uprising say revolution achieved without civil war say revolution possible marx believer civil armed struggle proletariat bourgeoisie teachers socialism took revolution seriously clear proletariat convert bourgeoisie workers impose upon enemies war carried guns bayonets party teachings publications revolution force arms universal principle consequently one embraced obviously intended taught mmunist classes communist publications evidence pains point limitation regard furnished opportunists mensheviks every country pretext asserting marx admitted possibility peaceful transformation bourgeois democracy proletariat democracy least countries england america situation countries radically different imperialism reached apogee militarism bureaucracy sovereign consequence marx restriction longer applies order determine whether petitioner behavior established attachment principles constitution entitled consider political system party proposed establish toward efforts promoting communist cause directed serious dispute new system existing constitutional principles abandoned new government established communists freedoms teed bill rights ended talk everybody dictatorship proletariat incompatible freedom bourgeoisie dictatorship fact necessary deprive bourgeoisie freedom chain hand foot order make absolutely impossible fight revolutionary proletariat unconditional confiscation estates landowners big landlords propaganda admitted ranks communist parties favor indemnity paid owners large estates expropriation new state include former ruling dictatorship proletariat democracy democracy rich poor alike state democratic proletariat propertyless state dictatorial bourgeoisie dictatorship proletariat democracy proletarian democracy exploited majority based limitation rights exploiting minority directed minority aims communists achieved annihilation entire bourgeois governmental apparatus parliamentary judicial military bureaucratic administrative municipal necessary communists break destroy annihilation existing political structure deemed necessary elsewhere elected public office communist directed task destruction existing since state organizations utilized object destroying unnecessary give examples teachings communist party organizations documentary evidence shot appended opinion excerpts two exhibits chosen prove express short form ideas permeate evidence whole exhibits especially mentioned show basis finding party teachings period question unqualified hostility fundamental universally recognized principles constitution argument admonished petitioner favored change form government principle constitution since constitution provides amendment case communist party greatly modified aims recent years true constitution provides amendment orderly procedure breakdown governmental system lawless conduct force hardly satisfy requirement principles constitution one attached means destruction whether time party may abandoned doctrines immaterial little short preposterous assert vigorous aid knowingly given pledged party member disseminating party teachings reference made compatible attachment principles constitution record us difficult trial judge conclude petitioner well aware member aiding party taught advocated overthrow government force violence difficult also find fact petitioner behaved man attached principles constitution trial judge found evidence seem furnish plain enough support trial judge finding petitioner behave man attached good order happiness petitioner pledge adherence communist party principles tactics membership communist organizations neither passive indolent testimony shows clearly crucial years young man vigorous intellect strong convictions spent time actively arranging dissemination gospel never asserted either ignorance disbelief wide acquaintance party literature zealous promotion party interests many years preclude supposition know character teachings aid advocacy persuasive without attachment constitutional principles teachings aimed destroy yet opinion seems tell us trier fact must examine petitioner gospel find kind man even gospel trier fact petitioner genuine attachment doctrines organizations whose teachings assiduously spread might well said impossible infer man attached principles religious movement fact conducts prayer meetings take sinister example inferred man nazi consequently attached constitutional principles five years diligently circulated doctrines mein kampf neither case course inference inevitable possible though probable normal one attached principles diametrically opposed dissemination given life best effort normal sensible inference trier fact free make attachment principles rather constitutional principles war man known ideas spreads well company keeps one challenge proof given life spreadi particular class ideas convincing evidence attachment rather opposites case convincing evidence petitioner time naturalization entitled citizenship procured attached principles constitution well disposed good order happiness justice roberts justice frankfurter join dissent appendix excerpts exhibit theses conditions admission communist international see note supra communist international makes aim put armed struggle overthrow international bourgeoisie create international soviet republic transition stage complete abolition state communist international considers dictatorship proletariat means liberation humanity horrors capitalism communist international considers soviet form government historically evolved form dictatorship proletariat circumstances created whole world especially advanced powerful enlightened freest capitalist countries militarist colonies weaker nations universal imperialist slaughter admit idea voluntary submission capitalists majority exploited peaceful reformist passage socialism give proof extreme petty bourgeois stupidity direct deception workmen disguisal capitalist concealment truth truth bourgeoisie enlightened democratic portion bourgeoisie even stopping deceit crime slaughter millions workmen peasants order retain right private ownership means production violent defeat bourgeoisie confiscation property annihilation entire bourgeois governmental apparatus parliamentary judicial military bureaucratic administrative municipal even individual exile internment stubborn dangerous exploiters establishment strict control repression inevitable attempts resistance restoration capitalist measures able guarantee complete submission whole class exploiters victory proletariat seems theoretical difference opinion question becomes inevitably morrow victory question decided force arms countries even free ones sense lesser acuteness class struggle period arrived become absolutely necessary every communist party join systematically lawful unlawful work lawful unlawful organization especially necessary carry unlawful work army navy police imperialist slaughter governments world becoming afraid national armies open peasants workingmen setting secret kinds select military organizations recruited bourgeoisie especially provided improved technical equipment class struggle almost every country europe america entering phase civil war conditions communists confidence bourgeois laws create everywhere parallel illegal apparatus decisive moment duty party every way possible assist revolution every country consequence martial law exceptional laws communists unable carry work lawfully combination lawful unlawful work absolutely necessary persistent systematic propaganda agitation necessary army communist groups formed every military organization wherever owing repressive legislation agitation becomes impossible necessary carry agitation illegally refusal carry participate work considered equal treason revolutionary cause incompatible affiliation third international party desirous affiliating communist international obliged render every possible assistance soviet republics struggle forces communist parties carry precise definite propaganda induce workers refuse transport kind military equipment intended fighting soviet republics also legal illegal means carry propaganda amongst troops sent workers republics etc world proletariat confronted decisive battles living epoch civil war critical hour struck almost countries labor movement importance working class arms hand stands midst fierce decisive battles ever working class need strong organization without losing hour invaluable time working class must keep indefatigably preparing impending decisive struggle time power government finally conquered proletariat time proletarian rule firmly established beyond possibility bourgeois restoration communist party organized ranks minority workers time power seized transition period communist party may favorable conditions exercise undisputed moral political influence proletarian classes population able unite within ranks dictatorship workers deprived bourgeoisie powerful weapons press school parliament church government apparatus etc final overthrow capitalist order become evident almost workers enter ranks communist party pp working class achieve victory bourgeoisie means general strike alone policy folded arms proletariat must resort armed uprising soon communism comes light must begin elucidate character present epoch culminations capitalism imperialistic uninterrupted growth civil war political relationships political groupings may different different countries essence matter everywhere must start direct preparation proletarian uprising politically technically destruction bourgeoisie creation new proletarian state present way serve arena struggle reform improving lot ing people certain periods preceding epoch centre gravity political life present completely finally transferred beyond limits parliament hand owing relationship working masses also complicated mutual relations within various groups bourgeois bourgeoisie forced policies one way another passed parliament various cliques haggle power exhibit strong sides betray weak ones get unmasked etc therefore immediate historical task working class tear apparatus hands ruling classes break destroy create place new proletarian apparatus time however revolutionary general staff working class vitally concerned scouting parties parliamentary institutions bourgeoisie order facilitate task destruction pp form proletarian government transition period dictatorship bourgeoisie proletariat moment accentuated class struggle turns civil war proletariat must inevitably form state organization fighting organization contain representatives former ruling classes fictions harmful proletariat time parliamentary division authority needless injurious form proletarian dictatorship republic soviets bourgeois parliaments constitute one important apparatus state machinery bourgeoisie proletariat bourgeois order general task proletariat consists blowing whole machinery bourgeoisie destroying parliamentary institutions whether republican monarchical pp communism repudiates parliamentarism form future renounces form class dictatorship proletariat repudiates possibility winning parliaments aim destroy parliamentarism therefore possible speak utilizing bourgeois state organizations object destroying question exclusively discussed plane class struggle political struggle finally struggle power strike spreads whole country menace bourgeois state thus acquires political character strive overthrow bourgeoisie destroy state means carry political warfare create one class bridling suppression resisting bourgeoisie whatever apparatus may gain political power mass struggle means whole system developing demonstrations growing ever acute form logically leading uprising capitalist order government warfare masses developing civil war guiding party proletariat must general rule secure every lawful positions making auxiliaries revolutionary work subordinating positions plans general campaign mass struggle hand acknowledgement value parliamentary work wise leads absolute acknowledgement necessity concrete elections concrete participation parliamentary sessions matter depends upon series specific conditions certain circumstances may become necessary leave parliament bolsheviks left order break weaken set petrograd soviet prepared head uprising acted way constituent assembly day dissolution converting third congress soviets centre political events circumstances boycotting elections may necessary direct violent storming great bourgeois state apparatus th parliamentary bourgeois clique participation elections boycott parliament etc way recognizing general rule necessity participating election central parliament institutions local well work institutions communist party must decide question concretely according specific conditions given moment boycotting elections parliament leaving parliament permissible chiefly possibility immediate transition armed fight power communist delegate decision central committee bound combine lawful work unlawful work countries communist delegate enjoys certain inviolability must utilized way rendering assistance illegal organizations propaganda party communist member legislature must remember bound seek agreements legislators agitator party detailed enemy camp order carry orders party communist member answerable wide mass constituents communist lawful unlawful propaganda right leaders independents hilferding kautsky others proving compatibility soviet bourgeois constituent assembly either complete misunderstanding laws development proletarian revolution conscious deceiving working class soviets dictatorship proletariat constituent assembly dictatorship bourgeoisie unite reconcile dictatorship working class bourgeoisie impossible victory proletariat towns class landed peasants farmers inevitably oppose means sabotage open armed resistance revolutionary proletariat must therefore immediately begin prepare necessary force disarmament every single man class together overthrow talists industry proletariat must deal relentless crushing blow class end must arm rural proletariat organize soviets country room exploiters preponderant place must reserved proleterians revolutionary proletariat must proceed immediate unconditional confiscation estates landowners big landlords propaganda admitted ranks communist parties favor indemnity paid owners large estates expropriation excerpts exhibit state revolution lenin see note supra already said shall show fully later stage teaching marx engels regarding inevitability violent revolution refers capitalist state replaced proletarian state dictatorship proletariat mere away accordance general rule brought violent revolution hymn sung honor engels fully corresponding repeated declarations marx see concluding passages poverty philosophy communist manifesto proud open declaration inevitability violent revolution also marx criticism gotha program thirty years mercilessly castigates opportunist character praise means mere mere declamation mere polemical sally necessity systematically fostering among masses point view violent evolution lies root whole marx engels teaching neglect propaganda agitation present predominant kautskian schools brings betrayal prominent relief substitution proletarian capitalist state impossible without violent revolution abolition proletarian state possible away pp state particular form organization force organization violence purpose holding class class proletariat must hold naturally exploiting class bourgeoisie toilers need state overcome resistance exploiters proletariat guide suppression bring proletariat class revolutionary finish class unite toilers exploited struggle capitalist class complete displacement power pp doctrine applied marx question state socialist revolution leads inevitably recognition political supremacy proletariat dictatorship authority shared none else relying directly upon armed force masses overthrow capitalist class feasible transformation proletariat ruling class able crush inevitable desperate resistance bourgeoisie organize new settlement economic order toiling exploited masses proletariat needs state centralized organization force violence purpose guiding great mass peasantry lower work economic socialist reconstruction pp proletariat needs state particular form organization force capitalist class question almost spontaneously forces upon us thinkable organization created without preliminary breaking destruction machinery government created use capitalist class communist manifesto leads us straight conclusion conclusion marx wrote summing practical results revolutionary experience gained marx excluded england revolution even people revolution imagined possible without preliminary condition destruction available ready machinery state epoch first great imperialist war distinction marx becomes unreal england america greatest last representatives sense absence militarism bureaucracy today completely rolled dirty bloody morass institutions common europe subordinating else today england america condition real people revolution shattering ready machinery state perfected countries general imperialist standard capitalist narrow stealthily thrusting aside poor therefore core hypocritical march along simple smooth direct path greater democracy liberal professors lower middle class opportunists us believe progressive towards dictatorship proletariat otherwise one else break resistance exploiting capitalists way dictatorship organization oppressed ruling class purpose crushing produce merely expansion democracy together immense expansion first time becoming democracy poor democracy people democracy rich dictatorship proletariat produce series restrictions liberty case oppressors exploiters capitalists must crush order free humanity resistance must broken force clear suppression must also violence liberty democracy expressed splendidly letter bebel said reader remember letariat needs state interests liberty purpose crushing opponents one able speak freedom state ceased exist vast majority nation suppression exclusion exploiters oppressors nation modification democracy shall see transition capitalism communism pp transition capitalism communism suppression still necessary case suppression minority exploiters majority exploited special instrument special machine necessary transitional state longer state ordinary sense term suppression minority exploiters majority yesterday wage slaves matter comparatively easy simple natural cost far less bloodshed suppression risings slaves serfs wage laborers cost human race far less pp justice jackson participate decision case instituted june tried december year january became attorney general succeeded official responsibility iii considered cause disqualification desire reason matter record footnotes time proceeding started section read part follows shall duty district attorneys respective districts commissioner deputy commissioner naturalization upon affidavit showing good cause therefor institute proceedings jurisdiction naturalize aliens judicial district naturalized citizen may reside time bringing suit purpose setting aside canceling certificate citizenship ground fraud ground certificate citizenship illegally procured provision continued substance nationality act stat section act provided shall made appear satisfaction admitting alien citizenship immediately preceding date application resided continuously within five years least within state territory time held one year least time behaved man good moral character attached principles constitution well disposed good order happiness addition oath applicant testimony least two witnesses citizens facts residence moral character attachment principles constitution shall required name place residence occupation witness shall set forth record stat since congress conferred function admitting aliens citizenship exclusively upon courts exercising authority mandate federal courts exercising judicial power conferred upon article iii constitution tutun reason suggested decree naturalization even though appear compared done johannessen administrative grant land letters patent invention permissible area different two situations record contains nothing indicate true period discussion adequacy somewhat similar testimony hynes see ex parte fierstein iv finds true said decree certificate naturalization illegally procured obtained respondent petitioner time naturalization said period five years immediately preceding filing petition naturalization behaved person attached principles constitution well disposed good order happiness finds true time filing petition naturalization respondent disbeliever opposed organized government member affiliated organization body persons teaching disbelief opposed organized government finds truth fact said times respondent behaved man attached principles constitution well disposed good order happiness member affiliated believed supported principles certain organizations known workers party america workers communist party america communist party america young workers league america young workers communist league america young communist league america organizations times herein mentioned section third international principles said organizations opposed principles constitution advised advocated taught overthrow government constitution laws force violence taught disbelief opposition organized government finds said times respondent member said organizations continued believe advocate support said principles said organizations vi substance finding petitioner fraudulently concealed communist affiliation naturalization set forth issue see note infra vii finds true said decree certificate naturalization illegally fraudulently procured obtained respondent petitioner admitted citizenship aforesaid declared oath open support constitution absolutely entirely renounced abjured allegiance fidelity foreign prince potentate state sovereignty support defend constitution laws enemies foreign domestic bear true faith allegiance whereas truth fact time making declarations oath open respondent petitioner intend support constitution intend absolutely entirely renounce abjure allegiance fidelity foreign prince potentate state sovereignty intend support defend constitution laws enemies foreign domestic bear true faith allegiance respondent said time intended maintain allegiance fidelity union soviet socialist republics said third international intended adhere support defend advocate principles teachings said third international principles teachings opposed principles constitution advised advocated taught overthrow government constitution laws force violence said unnecessary consider charge fraudulent procurement concealment petitioner communist affiliation government pressed charge consider nationality act enlarging category beliefs disqualifying persons thereafter applying citizenship terms make communist beliefs affiliation grounds refusal naturalization stat bills write definition immigration deportation act amended stat stat provide deportation failed pass congress see sess see also pts sess section act june section act june section act june legislative history phrase gives support view behavior requirement first appeared naturalization act stat designed tighten act stat discursive debates act cast little light upon meaning indicate purpose requirement provide probationary period aliens learn constitutional plan members disturbed political ferment age spoke accordingly others regarded asylum oppressed mistrusted efforts probe minds beliefs perhaps significant oath adopted protest madison sponsor bill require applicant swear attached constitution support see annals congress pp see also franklin legislative history naturalization chapter iv behavior requirement reenacted stat recommendation jefferson repeal stringent act stat see franklin op chapter vi continued unchanged act first time imported test present belief naturalization laws provided disbelievers organized government polygamists become citizens continuation behavior test attachment indication less searching examination intended conduct belief anarchist polygamist criterion nationality act changed behavior requirement provision person naturalized unless still person good moral character attached principles constitution well disposed good order happiness stat report president committee revise nationality laws indicates change language regarded change substance congressional committee reports silent question sponsors act house however declared generally intent tighten restrict naturalization laws see chairman committee charge bill stated changes necessary connection certain rights view preventing persons real attachment enjoying high privilege american nationality remark suggests change man attached still person attached change meaning program constitution workers party acceptance speech william foster party nominee presidency writing jefferson said men look constitutions sanctimonious reverence deem like ark covenant sacred touched ascribe men preceding age wisdom human suppose beyond amendment knew age well belonged labored deserved well country like present without experience present forty years experience government worth century bookreading say rise dead certainly advocate frequent untried changes laws constitutions think moderate imperfections better borne known accommodate find practical means correcting ill effects know also laws institutions must go hand hand progress human mind becomes developed enlightened discoveries made truths disclosed manners opinions change change circumstances institutions must advance also keep pace times might well require man wear still coat fitted boy civilized society remain regimen barbarous ancestors ford jefferson writings vol compare first inaugural address let us reflect banished land religious intolerance mankind long bled suffered yet gained little countenance political intolerance despotic wicked capable bitter bloody persecutions throes convulsions ancient world agonizing spasms infuriated man seeking blood slaughter liberty wonderful agitation billows reach even distant peaceful shore felt feared less others divide opinions measures safety every difference opinion difference principle called difference names brethern principle republicans federalists among us wish dissolve union change republican form let stand undist rbed monuments safety error opinion may tolerated reason left free combat know indeed honest men fear republican government strong government strong enough honest patriot full tide successful experiment abandon government far kept us free firm theoretic visionary fear government world best hope may possibility want energy preserve trust richardson messages papers presidents vol emphasis added see also cornell law quarterly freund macintosh symposium illinois law review harvard law review matter fact one material change constitution stood petitioner naturalized since effected repeal eighteenth amendment see note ante congress failed pass bill denying naturalization person believes form government contrary existing member affiliated organization advocates form government contrary existing sess brief pp supporting view saralieff van laeken shanin see also tapolcsanyi ex parte sauer note olsson reversed stipulation test whether substitutes revolution evolution destruction construction whether believes ordered society government laws powers government granted people grant preserves individual minorities certain rights freedoms even majority may take away whether sum events began least back declaration independence followed revolutionary war adoption constitution established rinciples respect government individual minority majority ordered liberty replaced disorganized liberty brief see generally thorpe constitutional history vol iii book compare effect eighteenth amendment petitioner testified never adopted merely draft study see haynes senate pp compare nebraska experiment body nebraska constitution article iii see nebraska law bulletin recall judicial decisions see theodore roosevelt charter democracy sess proposed constitutional amendments relating judiciary see doc pt pp pp account attacks veto power see pt pp abc communism lenin state revolution statutes theses conditions admission communist international stalin theory practice leninism program communist international observed question depriving exploiters franchise purely russian question question dictatorship proletariat general mistake however guarantee advance impending proletarian revolutions europe part necessarily accompanied restriction franchise bourgeoisie perhaps experience war russian revolution say probably absolutely necessary purpose realizing dictatorship essential symptom logical concept enter essential condition historical class concept selected works vol vii pp placed evidence petitioner brief pp brief pp saderquist skeffington katzeff curran kenmotsu nagle sormunen nagle branch cahill ex parte vilarino kjar doak berkman tillinghast smith wallis strecker kessler affirmed grounds ex parte fierstein colyer skeffington reversed sub nom skeffington katzeff ex rel yokinen commissioner perkins ex rel fernandas commissioner ungar seaman ex parte jurgans ex rel fortmueller commissioner murdoch clark cir wolck weedin brief brief see also colyer skeffington reversed sub nom skeffington katzeff see evatt king hush ex parte devanny rule rules civil procedure following section manifesto proclaimed edition evidence published international publishers petitioner testified believed authorized publication familiar work used classes thought principles correct applied period written country written excerpts stressed communists disdain conceal views aims openly declare ends attained forcible overthrow existing social conditions substance yet form struggle proletariat bourgeoisie first national struggle proletariat country must course first settle matters bourgeoisie depicting general phases development proletariat traced less veiled civil war raging within existing society point war breaks open revolution violent overthrow bourgeoisie lays foundation sway proletariat work written february october revolutions russia copy evidence published daily worker publishing company petitioner testified circulated party probably used classes director excerpts work engels also disquisition nature violent revolution historical appreciation role becomes engels veritable panegyric revolution force course one remembers talk even think importance idea considered respectable modern socialist parties daily propaganda agitation among masses plays part whatever yet indissolubly bound away state one harmonious whole engels argument force also plays another part history perpetuation evil namely revolutionary part marx says midwife every old society pregnant new one force instrument means social movements hack way break dead fossilized political word herr duehring duly sighs groans admit possibility overthrow system exploitation force may perhaps necessary unfortunate please use force forsooth demoralizes user said face great moral intellectual advance result every victorious revolution turbid flabby impotent parsons mode thinking dares offer acceptance revolutionary party history ever known necessity systematically fostering among masses point view violent revolution lies root whole marx engels teaching neglect propaganda agitation present predominant chauvinists kautskian schools brings betrayal prominent relief quoting engels revolution act part population forces parts means rifles bayonets cannon authoritative means conquering party inevitably forced maintain supremacy means fear arms inspire reactionaries petitioner contends document never introduced evidence record shows marked identification view take case makes immaterial whether document evidence copy furnished us printed auspices workers party hynes testified official publication widely circulated petitioner recollection particular pamphlet testified american party bound excerpts victory proletariat seems theoretical difference opinion question becomes inevitably morrow victory question decided force arms working class achieve victory bourgeoisie means general strike alone policy folded arms proletariat must resort armed uprising elementary means struggle proletariat rule bourgeoisie first method mass demonstrations mass demonstrations prepared carried organized masses proletariat direction disciplined centralized communist party civil war war war proletariat must efficient political officers good political general staff conduct operations stages fight mass struggle means whole system developing demonstrations growing ever acute form logically leading uprising capitalist order government warfare masses developing civil war guiding party proletariat must general rule secure every lawful positions making auxiliaries revolutionary work subordinating positions plans general campaign mass struggle copy evidence printed daily worker publishing company either petitioner familiar work particular edition testified probably circulated party read probably naturalization hynes humphreys testified used communist classes excerpts limitation regard furnished opportunists mensheviks every country pretext asserting marx admitted possibility peaceful transformation bourgeois democracy proletarian democracy least countries england america marx fact recognize possibility england america monopolist capitalism imperialism exist militarism bureaucracy yet little developed situation countries radically different imperialism reached apogee militarism bureaucracy sovereign consequence marx restriction longer applies reformist reform everything whilst revolutionary work appears form reformist tactic bourgeois government reform tends inevitably consolidate powers weaken revolution revolutionary contrary main thing revolutionary work reform reform accessory revolution program communist international adopted published workers library publishers revolution necessary way overthrowing ruling class also process revolution overthrowing class able purge dross old society become capable creating new society petitioner general theoretical conclusions stated program regarded application theory else programme young communist international published oppressed class endeavor possess learn handle arms deserve treated slaves become bourgeois pacifists opportunists forget living class society way class struggle overthrow power ruling class slogan must proletariat conquer expropriate disarm bourgeoisie proletariat disarmed bourgeoisie able without betraying historic task throw arms scrap heap proletariat undoubtedly account sooner communism written olgin published first workers library publishers communists say one way abolish capitalist state smash force make communism possible workers must take hold state machinery capitalism destroy petitioner testified read book widely circulated party since district specify upon evidence conclusory findings rested well mention remaining documents published introduced evidence excerpts read record upon government specifically rely respect issue force violence documents lenin left wing communism first published english bucharin preobraschensky abc communism written published around country petitioner testified never accepted work authors later expelled international international youth periodical published national convention workers party america published second year workers party america program constitution workers party america circulated around exception last two documents excerpts read record publications contain nothing exceptional issue force violence excerpts last two documents stress necessity party participation elections declare party fosters illusions workers vote way power expulsion socialist members new york assembly see chafee free speech pp cited example point statements open interpretation prediction advocacy force violence cf note infra chief justice hughes said opposing expulsion socialist members new york assembly essence institutions liberty recognized guilt personal attributed holding opinion mere intent absence overt acts memorial special committee appointed association bar city new york new york legislative documents vol session see chafee free speech pp see note ante see bryce american commonwealth vol ii iii encyclopedia social sciences see notes inclusive ante petitioner testified believed principles particularly applied period country written see note ante marx amsterdam speech see also engels preface first english translation capital lenin remarks england interpreted simply predicting advocating use violence see introduction strachey coming struggle power see note ante stalin leninism vol pp put evidence petitioner lenin selected works vol vi put evidence petitioner work following extremely profound many sided doctrine therefore surprising scraps quotations quotations always found among breaking marxism military conspiracy blanquism organized party definite class organizers reckoned political situation general international situation particular party question enjoy sympathy majority people proved definite facts development events revolution led virtual dissipation illusions compromise entertained petty bourgeoisie majority organs revolutionary struggle recognized otherwise established soviets army time war sentiments hostile government drags unjust war people become fully matured slogans insurrection power soviets peasants proposal democratic peace belligerent peoples coupled immediate abrogation secret treaties secret diplomacy etc acquired widest renown popularity advanced workers convinced desperate situation masses support countryside demonstrated energetic peasant movement revolt landlords government defends landlords economic situation country offers real hope favorable solution crisis peaceful parliamentary means article section party members found degenerates habitual drunkards betrayers party confidence provocateurs advocates terrorism violence method party procedure members whose actions detrimental party working class shall summarily dismissed positions responsibility expelled party exposed general public naturalization forbidden persons act stat compare nationality act stat complaint incorporate reference affidavit cause required affiant averred petitioner naturalization illegally fraudulently obtained behave man man attached constitution member communist party opposed government advocated overthrow force violence time took oath allegiance fact intend support defend constitution laws enemies foreign domestic bear true faith allegiance affidavit part complaint think intended additional charge included show compliance statute attachment averment affidavit elaborated set forth specific charge complaint failure likewise averment false oath persuasive issue intended raised petitioner moved close government case attorney contend stating conceived issues question false oath issue contention petitioner well disposed good order happiness believed advocated general resort illegal action force violence means achieving political ends act present form see et et seq provision recast act march stat substantially present form legislative history see cong rec sess provision reads person except hereinafter provided chapter shall naturalized unless petitioner periods referred subsection still person good moral character attached principles constitution well disposed good order happiness however concurring opinion justice douglas requirement evidence different presented admission discovered cf throckmorton kibbe benson wall cause cancellation involved tutun cf johannessen cf lockerty phillips cf ferreira gordon wall jones pocono pines assembly hotels ex parte pocono pines assembly hotels act june stat provided shall made appear satisfaction admitting alien citizenship immediately preceding date application resided continuously within five years least within state territory time held one year least time behaved man good moral character attached principles constitution well disposed good order happiness addition oath applicant testimony least two witnesses citizens facts residence moral character attachment principles constitution shall required name place residence occupation witness shall set forth record district decision based fraud illegality circuit appeals relied upon fraud alone affirmance rested sole ground illegality whole period relevant litigation communist party world organization known third communist international comintern created communist parties country sections governing body third communist exercised control party program tactics world congress communist international meetings congress authority vested executive committee communist international resolutions congress meetings executive committee binding sections workers party america communist organization established affiliated communist international sent delegates third world congress international earlier year workers party america since continued successively known workers communist party communist party america party sent accredited representatives communist international recognized leadership international affiliated third international constituted section events litigation concerned occurred long prior dissolution comintern may young workers league affiliated young communist international communist international sent delegates congress young communist international also closely related workers party sent delegates party conventions third national convention party adopted following resolution task reaching youth message communism interesting cause organizing militant struggle existing social order oppression exploitation major importance whole communist movement carrying work young workers league preparing fighters communism soon stand ranks party part best fighters second year workers party america report central executive committee third national convention held chicago illinois theses program resolutions published literature department workers party america state chicago program constitution workers party america adopted national convention new york city december amended national convention chicago december january published literature department workers party america washington boulevard chicago see pp statutes theses conditions admission communist international adopted second congress communist international july august edition document evidence present case published march auspices workers party america contained following statement inside front cover workers party declares sympathy principles communist international enters struggle american capitalism powerful capitalist groups inspiration leadership communist international rallies call world unite petitioner testified recollection particular edition ubt possibly pamphlet like sold party bookstores document marked identification later denied motion exclude exhibits evidence trial petitioner counsel twice referred document put evidence petitioner counsel included exhibits evidence offered identification designation record made circuit appeals included order despite government oversight failing formally say exhibit introduced evidence obviously deemed evidence parties trial exhibit unquestionably relevant competent evidence became part record courts see national convention workers communist party america held chicago august published daily worker publishing washington chicago ill publisher notice inside back cover stated pamphlet indispensable member party pamphelt official report convention sold circulated party los angeles petitioner disclaimed familiarity literature convention testified attended convention also testified agreement general program principles workers communist party ibid part resolution adopted unanimously party convention relating policies trade union work statutes theses conditions admission communist international see note supra ibid communism written bucharin preobraschensky translated english june published department workers party america broadway new york city evidence pamphlet basic work party study classes expressly designed purposes officially circulated party still advertised workers library publishers petitioner testified read work familiar although said authors later expelled russian communist party theory practice leninism stalin pp published workers party america daily worker publishing chicago ill pamphlet used communist party classes circulated literature department communist party sold party bookshops five thousand copies published january august new edition april published workers party america daily worker publishing chicago statutes theses conditions admission communist international see note supra communism see note supra pp theory practice leninism stalin see note supra effect see state revolution lenin note supra communism see note supra pp statutes theses conditions admission communist international see note supra theory practice leninism stalin see note supra pp statutes theses conditions admission communist international see note supra pp see note supra statutes theses conditions admission communist international see note supra pp