girouard argued march decided april homer cummings william donnelly washington petitioner frederick bernays wiener providence respondent justice douglas delivered opinion petitioner native canada filed petition naturalization district massachusetts stated application understood ciples government believed form government willing take oath allegiance stat reads follows hereby declare oath absolutely entirely renounce abjure allegiance fidelity foreign prince potentate state sovereignty heretofore subject citizen support defend constitution laws america enemies foreign domestic bear true faith allegiance takew obligation freely without mental reservation purpose evasion help god question application necessary willing take arms defense country replied seventh day adventist explained answer examiner saying purely religious matter political personal reasons claim selective service board exemption military service combatant military duty hearing district petitioner testified member seventh day adventist denominat approximately serving armed forces especially medical corps willing serve army bear arms district admitted citizenship circuit appeals reversed one judge dissenting took action authority schwimmer macintosh bland saying facts present case brought squarely within principles cases case petition writ certiorari granted authorities might schwimmer macintosh bland cases involved present one question statutory construction time cases congress required alien admission citizenship declare oath open support defend constitution laws enemies foreign domestic bear true faith allegiance also required satisfied alien five year period immediately proceeding date application man good moral character attached principles constitution well disposed good order happiness provisions reenacted present law substantially form factual distinctions case schwimmer macintosh cases bland case facts indistinguishable principle emerging three cases obliterates factual distinction among recognized summers stand general alien refuses bear arms admitted citizenship original proposition agree rule fallacies underlying think demonstrated dissents justice holmes schwimmer case chief justice hughes macintosh case oath required aliens terms require promise bear arms congress expressly made finding prerequisite citizenship hold required read act implication assume congress intended make abrupt radical departure traditions unles spoke unequivocal terms bearing arms important way institutions may supported defended even times great peril total war modern form dramatizes never great cooperative effort necessary victory nuclear physicists developed atomic bomb worker lathe seaman cargo vessels construction battalions nurses engineers litter bearers doctors made essential contributions many made sacrifice justice holmes stated schwimmer case page page quakers done share make country annals recent war show many whose religious scruples prevented bearing arms nevertheless unselfish participants war effort refusal bear arms necessarily sign disloyalty lack attachment institutions one may serve country faithfully devotedly though religious scruples make impossible shoulder rifle devotion one country real enduring among among combatants one may adhere deems obligation god yet assume military risks secure victory effort war indivisible whose religious scruples prevent killing less patriots whose special traits handicaps result assignment duties far behind fighting front making utmost contribution according capacity fact role may limited religious convictions rather physical characteristics necessary bearing attachment country willingness support defend utmost petitioner religious scruples disqualify becoming member congress holding public offices article vi clause constitution provides officials several bound oath affirmation support constitution significantly adds religious test shall ever required qualification office public trust oath required material respect different prescribed aliens naturalization act long contained provision support defend constitution enemies foreign domestic bear true faith allegiance take obligation freely without mental reservation purpose evasion chief justice hughes stated dissent macintosh case page page history struggle religious liberty large number citizens country beginning unwilling sacrifice religious convictions particular conscientiously opposed war yield sincerely believed allegiance considerations make impossible conclude persons deemed disqualified public office country requirement oath must taken enter upon duties slightest suggestion congress set stricter standard aliens seeking admission ship officials make enforce laws nation administer affairs hard believe one need forsake religious scruples become citizen sit high councils state chief justice hughes pointed macintosh supra page page religious scruples bearing arms recognized congress various draft laws true selective training service act stat appendix earlier acts inducted armed services takes oath includes provision bear true faith allegiance america serve honestly faithfully enemies whomsoever stat congress thus recognized one may adequately discharge obligations citizen rendering well combatant services respect congress ears conscience religious scruples bearing arms cogent evidence meaning oath recognition congress even time war one may truly support defend institutions though stops short using weapons war construction naturalization oath received new support second war powers act stat iv congress relaxed certain requirements aliens served honorably armed forces world war ii provided machinery expedite naturalization residence requirements relaxed educational tests eliminated fees required change oath made change made requirement alien attached principles constitution yet clear new provisions cover well combatants petitioner served willing admitted citizenship taking identical oath willing take oath means one thing one served extent permitted religious scruples another thing one equally willing serve opportunity enough say petitioner entitled benefits new act since serve armed forces seeking benefits expedited procedure relaxed requirements oath must take identical oath combatants must take indeed strange construction say defend constitution laws america enemies foreign domestic demands something others oath hardly adequate one unwilling bear arms religious scruples yet exact another promise bear arms despite religious scruples justice holmes stated schwimmer case pages page principle constitution imperatively calls attachment principle free free thought agree us freedom thought hate think adhere principle regard admission well life within country struggle religious liberty centuries effort accommodate demands state conscience individual victory freedom thought recorded bill rights recognizes domain conscience moral power higher state throughout ages men suffered death rather subordinate allegiance god authority state freedom religion guaranteed first amendment product struggle recently stated ballard thought includes freedom religious belief basic society free men west virginia state board education barnette test oath abhorrent tradition years congress meticulously respected tradition even time war sought accommodate military requirements religious scruples individual believe congress intended reverse policy came draft naturalization oath abrupt radical departure traditions implied see schneiderman cogent evidence necessary convince us congress took course conclude schwimmer macintosh bland cases state correct rule law met however argument even though cases wrongly decided congress adopted rule announced argument runs follows many efforts made amend law change rule announced cases every instance bill died committee moreover new naturalization act passed congress reenacted oath form though time made extensive changes requirements procedure naturalization argued congress adopted reenacted rule schwimmer macintosh bland cases cf apex hosiery leader stated helvering hallock require persuasive circumstances enveloping congressional silence debar examining doctrines best treachrous find congressional silence alone adoption controlling rule law think circumstances legislative history properly place shoulders congress burden error history act equivocal contains affirmative recognition rule schwimmer macintosh bland cases si ence congress inaction consistent desire leave problem fluid adoption silence rule cases us enough say since date cases congress never acted affirmatively question time noted congress specifically granted naturalization privileges like petitioner prevented bearing arms religious scruples affirmative recognition one attached principles government support defend even though religious convictions prevented bearing arms said believe oath designed exact something one person another thus affirmative action taken congress negatives inference otherwise might drawn silence reenacted oath reversed justice jackson took part consideration decision case chief justice stone dissenting think judgment affirmed reason applying controlling provisions naturalization statutes correctly applied earlier construed whose construction congress adopted confirmed three cases decided fifteen years ago denied citizenship applicants naturalization announced proposed take scribed oath allegiance reservation qualification naturalized citizens assist defense country force arms give moral support government war believe morally justified best interests country see schwimmer macintosh bland cases held applicant failed meet conditions congress made prerequisite naturalization naturalization act june stat provisions relevant enacted nationality act october see stat amended act march stat act december stat et et section naturalization act paragraph provided admission citizenship applicant declare oath open support defend constitution laws enemies foreign domestic bear true faith allegiance paragraph required admission made appear satisfaction admitting alien citizenship least period five years immediately preceding application applicant behaved man good moral character attached principles constitution well disposed good order happiness applying provisions cases mentioned held applicant unable take oath allegiance without reservations qualifications insisted upon applicants cases manifests want attachment principles constitution unwillingness meet requirements oath support defend constitution bear true faith allegiance comply statutory conditions naturalization question constitutional power congress withhold citizen hip grounds involved power doubted see selective draft law cases arver hamilton regents question construction statute congress times free amend dissatisfied construction adopted three justices dissented macintosh bland cases reasons adopts ground overruling since three considered earlier opinions rejected construction statute dissenting justices contended question decisive present case whether congress likewise rejected construction subsequent legislative action adopted confirmed earlier construction statutes question study congressional action taken respect proposals amendment naturalization laws since decision schwimmer case leads conclude congress adopted confirmed earlier struction naturalization laws reason alone think judgment affirmed construction naturalization statutes adopted three cases mentioned immediately became target active publicized legislative attack congress persisted period eleven years adoption nationality act two days schwimmer case decided bill introduced house give naturalization act construction contrary given adopted made applicants rejected schwimmer macintosh bland cases eligible citizenship effort establish congressional action construction placed naturalization act one congress adopted intended renewed without success decision macintosh bland cases continued period ten years measures substantially pattern introduced december first session congress decision macintosh case provided person otherwise qualified debarred citizenship reason religious views philosophical opinions respect lawfulness war means settling international disputes every alien admitted citizenship shall subject obligation citizen introduced immediately decision schwimmer case contained like provision omission last clause beginning every alien hearings house committee immigration naturalization bills proponents stated clearly purpose set aside interpretation placed oath allegiance schwimmer macintosh case opposition occasion bills identical introduced three later congresses none bills reported committee proposals failed passage see ante purpose differed phraseology thus six successive congresses period decade continuously pending congress one form another proposals overturn rulings three decisions question congress declined adopt proposals full hearings speeches floor advocating change meantime decisions followed clarke case beale warkentin beale supra pointed proposed amendments affecting provisions statutes relating admission citizenship failed saying must conclude therefore statutory requirements construed congressional sanction approval doubts purpose congress seem dissipated reenactment congress paragraphs naturalization act incorporation act form oath administratively prescribed applicants schwimmer macintosh bland cases see rule naturalization regulations july nationality act comprehensive slowly matured carefully considered revision naturalization laws preparation measure delegated congressional committee considered committee cabinet members one attorney general aware decisions schwimmer related cases question pertinent naturalization laws persistently continuously congress ten years following decision schwimmer case modifications provisions paragraphs act show conclusive careful attention given fact legislative history congress alter act bee judicially construed enactment congress legislation implicitly recognizes judicial construction effective persuasive legislative recognition judicial construction correct one application statute brought forth sharply conflicting views congress matter fully brought attention public congress latter seen fit change statute apex hosiery leader see like effect ryan elgin state missouri ross cf helvering winmill responsibility congress reenacting statute make known purpose controversial matter interpretation former language least matter decade persistently brought attention light legislative history abundantly clear congress performed duty case lightly implied congress failed perform delegated responsibility giving new content language deliberately readopted construed us make assumption discourage deny legislative responsibility thus adopting confirming construction congress enacted naturalization act congress gave construction legal significance though written words act remaining question whether congress repealed construction enactment ments nationality act act extended special privileges applicants naturalization aliens served armed forces time war dispensing modifying existing requirements relating declarations intention period residence education fees left unchanged requirements applicant behavior show attachment principles constitution take oath allegiance adopting amendments congress question oath allegiance concerned adopted act concerned grant special favors seeking naturalization worn uniform rendered military service time war satisfy naturalization requirements dispensed amendments case entitled avail privileges congress left naturalization authorities cases determine whether applications conduct military service satisfy requirements naturalization waived pointed one amendments iv provided provisions amendment apply conscientious objector performed military duty whatever refused wear uniform said implication provision conscientious objectors rendered noncombatant service wore uniform amendments admitted citizenship argued since amendments apply noncombatant well combatant military service amendment must taken include rendered noncombatant service also conscientious objectors admitted citizenship amendments even though made reservations oath allegiance applicants schwimmer macintosh bland cases said although amendments applicable petitioner military service oath mean one thing another noncombatant service suggestions two answers one amendment construed including noncombatants also conscientious objectors unwilling take oath without reservations made applicants schwimmer macintosh bland cases effect exempt noncombatant conscientious objectors requirements oath clearly made applicable objectors including petitioner nationality act petitioner exempted amendments construction act constitutional statutory obstacle congress taking action congress saw fit admitted citizenship rendered noncombatant service modified oath without oath petitioner exempted since petitioner never military naval forces need decide whether amendments authorized different oath noncombatant service others amendments construed requiring oath without reservations conscientious objectors others nielsen rendered noncombatant service wereconscientious objectors others noncombatant service announced scientious objections combatant service may waived abandoned objections experience first world war see concerning treatment conscientious objectors army prepared published direction secretary war june taken oath without reservations made applicants schwimmer macintosh bland cases entitled benefits amendments provided performed military duty refused wear uniform fact congress recognized indirection iv appeared role conscientious objectors might become citizens taking oath allegiance establishing attachment principles constitution show congress dispensed requirements oath construed plainly confirmed congress nationality act necessary inconsistency respect act amendments without repeal implication favored borden state georgia pennsylvania alkali export amendments legislative history give hint purpose congress relax least persons rendered military service requirements oath allegiance proof attachment constitution interpreted nationality act plainly required interpreted function disregard congress exercise constitutional power justice reed justice frankfurter join opinion footnotes naturalization act stat id already set forth opinion present form oath required found nationality act stat sec act provides person shall naturalized unless stated periods still person good moral character attached principles constitution well disposed good order happiness sec provides part contained act shall construed require person subject combatant training service land naval forces reason religious training belief conscientiously opposed participation war form person claiming exemption combatant training service conscientious objections whose claim sustained local board shall inducted land naval forces act assigned noncombatant service defined president shall found conscientiously opposed participation noncombatant service lieu induction assigned work national importance civilian direction earlier acts see act february stat act january stat act june stat act may stat see billings truesdell army regulations august sec ii comparable provision made act december stat iv served honorably world war spanish american war mexican border kinloch involved naturalization proceedings aliens one like petitioner present case seventh day adventist inducted army combatant naturalization opposed immigration service ground promise bear arms overruled objection stating page conscientious objectors aliens performing military duty wearing uniform anted privileges citizenship act act meaningless made applicant conscientious objector attained status soldier performs military duty honorably wears uniform admitted instant cases denied citizenship oath allegiance construed requiring applicant agree without mental reservation bear arms result denial citizenship even though congress conferred privilege upon see sawyer opinion writer evidence schwimmer district presumably infer applicant behavior evidenced disposition present future actively resist laws lawful commands officers furthering military enterprise actively aid encourage resistance others district presumably concluded evidenced want attachment applicant principles constitution naturalization law requires exhibited behavior applicant preceding application citizenship cong rec hearings pp hearings pp hearings pp hearings pp sess sess sess section nationality act provides person shall naturalized unless period five years preceding filing petition naturalization still person attached principles constitution well disposed good order happiness section nationality act provides applicant naturalization shall admitted citizenship shall take oath open inter alia defend constitution laws enemies foreign domestic bear true faith allegiance