Difference between revisions of "Trop v. Dulles"

Revision as of 19:05, September 11, 2008

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-In '''''Trop v. Dulles''''', 356 U.S. 86 (1958), a 5-4 [[U.S. Supreme Court]] invalidated a federal statute that authorized the revocation of citizenship of someone born in the [[United States]] based on his desertion from the armed forces as a soldier.  The Court held that the [[Eighth Amendment]] did not permit this revocation of citizenship as punishment for a crime.
+#REDIRECT [[Hagger]]
-Chief Justice [[Earl Warren]] wrote the opinion, but only prevailed by:
-*taking the unusual step of scheduling a second argument in the subsequent term of the Court for the case
-*being joined by Justice [[William Brennan]] in a concurrence on separate grounds
-Chief Justice Warren included this famous quote about the [[Eighth Amendment]]:  "The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society."  Justice [[Anthony Kennedy]] later cited that holding in invalidating the death penalty for crimes committed by someone under the age of 18, in ''[[Roper v. Simmons]]''.
-Chief Justice Warren noted that on 81 prior occasions the [[U.S. Supreme Court]] had invalidated a law as unconstitutional.  Before 1855, the [[U.S. Supreme Court]] had declared only one law as unconstitutional, in ''[[Marbury v. Madison]]''.
-Justice [[Felix Frankfurter]] wrote a strong dissent.
-[[category:United States Supreme Court Cases]]