Supreme Court of the United States · Constitutional Law
Constitutional LawForeign AffairsCitizenshipExpatriationNecessary and Proper Clauseforeign affairs powerexpatriationcitizenship
Facts
Congress, in § 401(e) of the Nationality Act of 1940, provided that voting in a foreign political election could result in loss of American citizenship. The case concerned the constitutionality of attaching expatriation to that conduct. The Court treated the relevant conduct as voluntary voting in a foreign election of political significance in another country. The Court expressly declined to address the constitutionality of § 401(j).
Issue
May Congress, pursuant to its power over foreign affairs and the Necessary and Proper Clause, provide that an American citizen who voluntarily votes in a foreign political election loses his American citizenship? More specifically, is withdrawal of citizenship reasonably related to Congress's regulation of foreign affairs?
Rule
Congress's foreign affairs power, though broad, is limited by the requirement that it not act arbitrarily. A rational nexus must exist between the specific constitutional power invoked and the legislative action taken, and the means chosen must be reasonably related to the permissible end. Under that standard, Congress may attach loss of nationality to voluntary voting in a foreign political election if it could reasonably conclude that such voting may embarrass the Nation's foreign relations.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
Lena Ortiz, a U.S. citizen living in Madrid, voluntarily casts a ballot in Spain's national parliamentary election. Congress has enacted a statute providing that any U.S. citizen who voluntarily votes in a foreign political election loses U.S. nationality.
If Lena challenges the statute as beyond Congress's constitutional authority, which is the strongest answer?
Explanation. The majority held that Congress may act under its foreign affairs power to regulate Americans' participation in foreign political elections because such participation may create serious embarrassment in international relations. The Court asked only whether Congress could reasonably conclude that a relevant connection existed between the foreign-affairs power and expatriation. Because American citizenship is what makes the conduct potentially embarrassing, termination of citizenship was deemed reasonably related to the end. Intent to relinquish citizenship is not required if the voting was voluntary. (Derived from Perez v. Brownell (n.d.).)