Speech #830114349

N. Y.) became a citizen of the United States. that citizenship must be deemed to continue unless she has been deprived of it through the operation of a treaty or congressional enactment or by her voluntary action in conformity with applicable legal principles." The words "or congressional enactment" clearly uphold the power of Congress to provide by law for the loss of American citizenship acquired by birth in the United States. The Constitution. as adopted. is silent on the matter of citizenship acquired by birth in the United States. except for providing that the President shall be "a naturalborn citizen. or a citizen of the United States at the time of the adoption of the Constitution." It was since the adoption of the Constitution that it has been recognized that citizenship of the United States may be obtained in two waysby birth within the country. or by naturalization. and the Congress (the high courts of the land concurring) has construed its power to legislate in matters pertaining to United States citizenship as being constitutionally circumscribed solely by clause 4. section 8 of article I of the Constitution which reads: "The Congress shall have power * * * to establish an uniform rule of naturalization." The raising by Mr. Phillips of the question of .President Eisenhowers proposal in relation to the 14th amendment appears to be one more grave error on his part The history of the 14th amendmentwith its roots in the Dred Scott caseshows that its prime purpose was to grant full citizenship rightsin the several Statesto the Negro. its other purpose being to assert that national. or Federal. citizenship is paramount to State citizenship. There are very few legal authorities that would disagree that the 14th amendment deals with the matter of interplay between Federal and State citizenship of the nativeborn and the naturalized citizen. It is held to be wholly irrelevant to the matter of the power of Congress to legislate on nationality matters. Hence. since no part of section 401 of the Nationality Act of 1940 has been invalidated by the Supreme Court. and since section 340 of the McCarranWalter Act carries its provisions practically verbatim into the statute now in effect. there could be little doubt that should the Congress in its wisdom decide to enact the Presidents proposal into law. the legislative course of action would be clearly charted. An amendment could make section 349 (a) (9) of the Immigration and Nationality Act (8 U. S. C. 1481) read as follows: "SEc. 349. (a) From and after the effective date of this act a person who is a national of the United States. whether by birth or naturalization. shall lose his nationality by"(9) committing any act specified in section 2381. 2382. 2383. 2384. or 2385 of Title 18. United States Code. or." Title 18. United States Code (Crimes and Criminal Procedure). has been enacted into positive law by the act of June 25. 1948. and the 5 sections above cited refer. respectively. to treason. misprision of treason. rebellion. or insurrection. seditious conspiracy. and advocating overthrow of Government.