Afroyim v. Rusk

Mr. Justice Harlan,

whom Mr. Justice Clark, Mr. Justice Stewart, and Mr. Justice White join, dissenting.

Almost 10 years ago, in Perez v. Brownell, 356 U. S. 44, the Court upheld the constitutionality of § 401 (e) of the Nationality Act of 1940, 54 Stat. 1169. The section deprives of his nationality any citizen who has voted in a foreign political election. The Court reasoned that Congress derived from, its power to regulate foreign affairs authority to expatriate any citizen who intentionally commits acts which may be prejudicial to the foreign relations of the United States, and which…