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Perez v. Brownell

356 U.S. 44 (1958)

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Perez v. Brownell

United States Supreme Court

356 U.S. 44 (1958)

Facts

Perez (defendant) was born in Texas in 1909 and therefore had U.S. citizenship by virtue of native birth. He lived most of his life in Mexico and voted in a Mexican election in 1946. The lower courts both found that he had given up his U.S. citizenship by voting in a foreign election due to Section 401(e) of the Nationality Act of 1940. This section states that any U.S. citizen can lose citizenship by “[v]oting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory.” The United States Supreme Court granted certiorari on appeal.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

Dissent (Warren, C.J.)

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