DOCKET NO.: 78-1143
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Seventh Circuit
CITATION: 444 US 252 (1980)
ARGUED: Oct 30, 1979
DECIDED: Jan 15, 1980
Allan A. Ryan, Jr. –
Allan A. Ryan, Jr. – on behalf of the Appellant
Kenneth K. Ditkowsky – on behalf of the Appellee
Media for Vance v. Terrazas
- Opinion Announcement – January 15, 1980
- Oral Argument – October 30, 1979 (Part 1)
- Oral Argument – October 30, 1979 (Part 2)
Audio Transcription for Opinion Announcement – January 15, 1980 in Vance v. Terrazas
Warren E. Burger:
The judgements and opinion of the Court in 78-1143, Vance against Terrazas will be announced by Mr. Justice White.
Byron R. White:
The Immigration and Nationality Act provides about a person who is a national of the United States.
He will lose his nationality if he takes a note of allegiance to a foreign state.
The Act also provides that proof shall be by a preponderance of the evidence and that the voluntariness of the oath shall be resumed.
The Court of Appeals for the Seventh Circuit held that citizenship could not be lost absent proof of an intent to surrender it.
It also invalidated the standard of proof and the presumption as beyond the power of Congress to prescribe.
We noted probable jurisdiction of the Government’s appeal.
We agree with the Court of Appeals that proof of an intent to surrender citizenship is necessary if citizenship is to be lost under this section.
We disagree with the Court of Appeals however, with respect to the standard of proof and the presumption of voluntariness.
We think that those provisions are within the power of Congress to prescribe.
We accordingly reversed the judgment of the Court of Appeals and remand the case for further proceedings.
Mr. Justice Marshall and Mr. Justice Stevens have each filed an opinion concurring in part and dissenting in part.
Mr. Justice Brennan has filed a dissenting opinion.
Mr. Justice Stewart also dissents for the reason stated in Part II of Mr. Justice Brennan’s opinion.
Warren E. Burger:
Thank you, Mr. Justice White.