Perkins v. Elg

Perkins v. Elg
Perkins v. Elg
	Supreme Court of the United States
Argued February 3, 1939; Decided May 29, 1939
Full case name	Perkins v. Elg
Citations	307 U.S. 325 ( more ) 59 S. Ct. 884; 83 L. Ed. 1320; 1939 U.S. LEXIS 514
Case history
Prior	99 F.2d 408 (D.C. Cir. 1938); cert. granted, 305 U.S. 591(1938).
Holding
	A child born in the United States to naturalized parents and raised abroad retains U.S. citizenship until the age of majority, and at that point continues to retain U.S. citizenship if he or she elects to retain it, and elects to return to the United States and assume the duties of a U.S. citizen.
Court membership
	Chief Justice Charles E. Hughes Associate Justices James C. McReynolds · Pierce Butler ; Harlan F. Stone · Owen Roberts ; Hugo Black · Stanley F. Reed ; Felix Frankfurter · William O. Douglas
Case opinion
Majority	Hughes, joined by Butler, Stone, Roberts, Black, Reed, Frankfurter, McReynolds
	Douglas took no part in the consideration or decision of the case.
Laws applied
	Civil Rights Act of 1866, Naturalization Convention and Protocol of 1869

Last updated August 10, 2019

Perkins v. Elg, 307 U.S. 325 (1939), was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties."^[1]

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Executive acts can be struck down by the Court for violating either the Constitution or federal law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

The age of majority is the threshold of adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority, the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. The age of majority does not necessarily correspond to the mental or physical maturity of an individual.

Background

Marie Elizabeth Elg was born in the Brooklyn section of New York City in 1907 to two Swedish parents who had arrived in the United States some time prior to 1906; her father was naturalized in 1906. In 1911, her mother took the four-year-old to Sweden; her father went to Sweden in 1922, and in 1934 made a statement before an American consul in Sweden that he had "voluntarily expatriated himself for the reason that he did not desire to retain the status of an American citizen and wished to preserve his allegiance to Sweden."

The City of New York, usually called either New York City (NYC) or simply New York (NY), is the most populous city in the United States. With an estimated 2018 population of 8,398,748 distributed over a land area of about 302.6 square miles (784 km²), New York is also the most densely populated major city in the United States. Located at the southern tip of the state of New York, the city is the center of the New York metropolitan area, the largest metropolitan area in the world by urban landmass and one of the world's most populous megacities, with an estimated 19,979,477 people in its 2018 Metropolitan Statistical Area and 22,679,948 residents in its Combined Statistical Area. A global power city, New York City has been described as the cultural, financial, and media capital of the world, and exerts a significant impact upon commerce, entertainment, research, technology, education, politics, tourism, art, fashion, and sports. The city's fast pace has inspired the term New York minute. Home to the headquarters of the United Nations, New York is an important center for international diplomacy.

Sweden, formal name: the Kingdom of Sweden, is a Scandinavian Nordic country in Northern Europe. It borders Norway to the west and north and Finland to the east, and is connected to Denmark in the southwest by a bridge-tunnel across the Öresund Strait. At 450,295 square kilometres (173,860 sq mi), Sweden is the largest country in Northern Europe, the third-largest country in the European Union and the fifth largest country in Europe by area. The capital city is Stockholm. Sweden has a total population of 10.3 million of which 2.5 million have a foreign background. It has a low population density of 22 inhabitants per square kilometre (57/sq mi) and the highest urban concentration is in the central and southern half of the country.

A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the two countries.

In 1929, within eight months of attaining the age of majority, Marie Elg obtained an American passport through the American consul in Sweden, and returned to the United States. In 1935 she was notified by the U.S. Department of Labor that she was an illegal alien and was threatened with deportation.

In law, an alien is a person who is not a citizen or national of a given country, though definitions and terminology differ to some degree depending on the continent or region of the world. The term "alien" is synonymous to "foreign national".

Deportation is the expulsion of a person or group of people from a place or country. The term expulsion is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law.

Elg sued to establish that she was a citizen of the United States and not subject to deportation. Frances Perkins was listed as the nominal plaintiff in the case, being the Secretary of Labor during the administration of Franklin D. Roosevelt, when the case was appealed to the Supreme Court.^[2]

Frances Perkins was an American sociologist and workers-rights advocate who served as the U.S. Secretary of Labor from 1933 to 1945, the longest serving in that position, and the first woman appointed to the U.S. Cabinet. As a loyal supporter of her friend, Franklin D. Roosevelt, she helped pull the labor movement into the New Deal coalition. She and Interior Secretary Harold L. Ickes were the only original members of the Roosevelt cabinet to remain in office for his entire presidency.

A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy; if this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant", but that term also has other meanings. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".

The United States Secretary of Labor is a member of the Cabinet of the United States, and as the head of the United States Department of Labor, controls the department, and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies.

Decision

Chief Justice Hughes wrote for the Court:

Elg became a citizen of the United States upon her birth in New York; the Civil Rights Act of 1866 had specifically addressed the issue of a child born in the United States to alien parents;
When a citizen of the United States who is a minor has parents who renounce their American citizenship, the minor does not lose his American citizenship as a result, "provided that, on attaining majority he elects to retain that citizenship and to return to the United States to assume its duties";
Some provisions of the Naturalization Convention and Protocol of 1869 between the U.S. and Sweden, which provided for the loss of U.S. citizenship by any United States citizen who chose to "expatriate" — to become a naturalized citizen of another country, live there, and lose their United States citizenship — did not apply to minors, as the minor's move out of the United States was not to be considered a voluntary act;
The acquisition of "derivative Swedish citizenship" by a minor likewise does not force the minor to lose his American citizenship.

The Civil Rights Act of 1866, 14 Stat. 27–30, enacted April 9, 1866, was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States. This legislation was passed by Congress in 1865 and vetoed by U.S. President Andrew Johnson. In April 1866 Congress again passed the bill to support the Thirteenth Amendment. Johnson again vetoed it, but a two-thirds majority in each chamber overrode the veto to allow it to become law without presidential signature.

The Bancroft treaties, also called the Bancroft conventions, were a series of agreements made in the late 19th and early 20th centuries between the United States and other countries. They recognized the right of each party's nationals to become naturalized citizens of the other; and defined circumstances in which naturalized persons were legally presumed to have abandoned their new citizenship and resumed their old one.

The Court's first holding, that Elg was a citizen upon birth within the United States, was a reaffirmation of United States v. Wong Kim Ark (1898).

United States v. Wong Kim Ark, 169 U.S. 649 (1898), is a United States Supreme Court case in which the Court ruled that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China", automatically became a U.S. citizen at birth. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.

The case was argued for the United States by Robert H. Jackson, who later became a Supreme Court justice. This was the only Supreme Court case that Jackson lost in his two years as Solicitor General.^[3]

The case was called in 1960 a "landmark decision on expatriation".^[4]

Related Research Articles

Naturalization is the legal act or process by which a non-citizen in a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obeying and upholding that country's laws, taking and subscribing to the oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, most countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

Minor v. Happersett, 88 U.S. 162 (1875), is a United States Supreme Court case in which the Court held that the Constitution did not grant anyone, and in this case specifically a female citizen of the state of Missouri, a right to vote even when a state law granted rights to vote to a certain class of citizens. The Supreme Court upheld state court decisions in Missouri, which had refused to register a woman as a lawful voter because that state's laws allowed only men to vote.

The United States nationality law refers to the uniform rule of naturalization of the United States set out in the Immigration and Nationality Act of 1952, enacted under the power of Article I, section 8, clause 4 of the United States Constitution, which grants the Congress the power to "establish a uniform Rule of Naturalization..." The 1952 Act sets forth the legal requirements for the acquisition of, and divestiture from, American nationality. The requirements have become more explicit since the ratification of the Fourteenth Amendment to the Constitution, with the most recent changes to the law having been made by Congress in 2001.

The original United States Naturalization Law of March 26, 1790 provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were "free White persons of good character". It thus excluded Native Americans, indentured servants, slaves, free blacks and later Asians, although free blacks were allowed citizenship at the state level in certain states. It also provided for citizenship for the children of U.S. citizens born abroad, stating that such children "shall be considered as natural born citizens," the only US statute ever to use the term. It specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States."

Afroyim v. Rusk, 387 U.S. 253 (1967), is a major United States Supreme Court case in which the Court ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, Perez v. Brownell (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier.

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References

↑ Perkins v. Elg, 307 U.S. 325, 329 (1939).
↑ "Court rulings on dual citizenship Archived 2010-02-04 at the Wayback Machine ", richw.org, page fetched 8 February 2010.
↑ Great American lawyers: an encyclopedia, Volume 1, John R. Vile, Page 391. 2001.
↑ Constitutional law: cases and materials, Volume 1, Paul G. Kauper, 1960, p.669

External links

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[1] Perkins v. Elg, 307 U.S. 325, 329 (1939).

[2] "Court rulings on dual citizenship Archived 2010-02-04 at the Wayback Machine ", richw.org, page fetched 8 February 2010.

[3] Great American lawyers: an encyclopedia, Volume 1, John R. Vile, Page 391. 2001.

[4] Constitutional law: cases and materials, Volume 1, Paul G. Kauper, 1960, p.669