Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals

By Norman MacKenzie; Lionel H. Laing | Go to book overview

D. INDIVIDUALS IN INTERNATIONAL LAW

1. NATURALIZATION

United States v. Macintosh Supreme Court of the United States, 1931 283 U.S. 605

Naturalization--Duties of Citizenship--Conscientious objectors to war.

SUTHERLAND, J.:

The respondent was born in the Dominion of Canada. He came to the United States in 1916, and in 1925 declared his intention to become a citizen. His petition for naturalization was presented to the federal district court for Connecticut, and that court, after hearing and consideration, denied the application upon the ground that, since petitioner would not promise in advance to bear arms in defense of the United States unless he believed the war to be morally justified, he was not attached to the principles of the Constitution. The Circuit Court of Appeals reversed the decree and directed the district court to admit respondent to citizenship. 42. F. (2d) 845.

. . . Naturalization is a privilege, to be given, qualified or withheld as Congress may determine, and which the alien may claim as of right only upon compliance with the terms which Congress imposes. That Congress regarded the admission to citizenship as a serious matter is apparent from the conditions and precautions with which it carefully surrounded the subject. Thus, among other provisions, it is required that the applicant not only shall reside continuously within the United States for a period of at least five years immediately preceding his application, but shall make a preliminary declaration of his intention to become a citizen at least two years prior to his admission. He must produce the testimony of witnesses as to the facts of residence, moral character and attachment to the principles of the Constitution, and in open court take an oath renouncing his former allegiance and pledging future allegiance to the United States. At the final hearing in open court, he and his

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Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals
Table of contents

Table of contents

  • Title Page iii
  • Foreword v
  • Introduction vii
  • Editors' Preface xi
  • Table of Contents xvii
  • List of Abbreviations xxvii
  • A. Canada, an International Entity 1
  • B. Jurisdiction Over Territory 30
  • C. Status of Indians 180
  • D. Individuals in International Law 221
  • E. International Rights and Duties 335
  • F. Private International Law 402
  • G. War and Its Effects 441
  • Index 555
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