Speech #830266870

In 1868 the Congress of the United States recognized the inherent right of expatriation in the act entitled "An act concerning the rights of American citizens in foreign states" (15 Stat. 223). The initial clause of that enactment reads: Whereas the right of expatriation is f natural and inherent right of all people. in. dispensible to the enjoyment of the right! of life. liberty. and the pursuit of happiness In the same enactment we find "Thai any declaration. instruction. opinion. or. der. or decision of any officers of thi Government which denies. restricts. im. pairs. or questions the right of expatri. ation. is hereby declared inconsistent with the fundamental principles of this Government." The first general expatriation statute was enacted in 1907 (34 Stat. 1228). That act imposed expatriation as a consequence of naturalization in a foreign country. taking an oath of allegiance to a foreign state. or marriage by a female citizen to a foreign national. Since 1907 the United States has not been without a general expatriation statute. Currently. section 349 of the Immigration aild Nationality Act (66 Stat. 163. 267 and 268) sets forth 10 types of activities a consequence of which is loss of nationality by both nativeborn and naturalized citizens. Some of the acts enumerated are carryovers from the Nationality Act of 1940. as amended (8 U. S. C.. 1946 ed.. 801). Section 349 (a) (9) of the Immigration and Nationality Act now provides for expatriation of a national of the United States for "committing any act of treason against. or attempting by force to overthrow. or bearing arms against. the United States. if and when he is convicted thereof by a courtmartial or by a court of competent jurisdiction." The measure now before the Senate would amend section 349 (a) (9) to provide for the loss of nationality by any citizen convicted of violating. or of conspiring to violate. section 2383. part of section 2384. or section 2385 of title 18. United States Code. Section 2383 makes criminal inciting. setting on foot. assisting. or engaging in any rebellion or insurrection against the authority of the United States or the laws thereof. or the giving of aid or comfort thereto.