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-- Why don't you give me a brief, Counselor? --

In Rogers v. Bellei, 401 U.S. 815 (1971), Mr. Bellei was a US citizen who was born in Italy. His mother was a US citizen, his father was Italian.

Mr. Cruz and Mr. Bellei have identical birth circumstance for purposes of analysis, although Mr. Bellie's father never resided in the US - totally irrelevant factoid, but it is a potential difference in a different case.

Citizenship granted to Mr. Cruz and Mr. Bellei arises under slightly different statutes. As noted in opening, Mr. Bellei was a US citizen, as is Mr. Cruz. Under the Act of Congress that applied to Bellei, he had to reside in the US for certain number of years before he reached a certain age. It was a further condition, to maintain the US citizenship that he obtained at birth.

Mr. Bellei did not satisfy the conditions enumerated in the act of Congress, which created the issue that lead to the case. Mr. Bellei lost his citizenship, and sued to get it back.

If Bellei had been an NBC, his citizenship would not be subject to an Act of Congress, and could not have been stripped. The case would not exist.

The case was decided 5-4, turning on the meaning of "in", in the 14th amendment phrase "born or naturalized in the United States." Obviously, Bellei was not born in the US.

The majority said that Bellei was naturalized in Italy, not in the US. And so, it was not unconstitutional to strip him of his citizenship. The dissent felt this literal reading was wring, and "in the United states" should be read as "anywhere in the world."

The case is loaded with historical reference and at one point literally says "Bellei, as a naturalized American ..."

Don't take my word for it. I linked the case above. Correct me where I am wrong, or admit this is the was SCOTUS views citizenship acquired solely by operation of an Act of Congress.

Brief Summary of Rogers v. Bellei: 01/16/2016 6:14:49 PM