Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
In an earlier statute Congress excluded from admission to the United
States persons who have departed from the jurisdiction of the United
States for the purpose of evading or avoiding training or service in
the armed forces of the United States during time of war or during a
period declared by the President to be a period of national emergency.
Among the myriad restrictions of the Internal Security Act of 1950 are
to be found additional categories of aliens ineligible for entry into
the United States, principally aliens who at any time have been members
of the Communist or other totalitarian party of any state of the United
States, of any foreign state, or of any political or geographical
subdivision of any foreign state, and aliens who advocate the economic,
international, and governmental doctrines of world communism or of any
form of totalitarianism.[189]
Naturalization is refused or citizenship withdrawn from persons falling
into classifications created by a security-conscious Congress. The
Nationality Act of 1940[190] restricted the eligibility of alien
enemies for nationalization to those whose declaration of intention
was made not less than two years prior to the beginning of the state
of war and specified that enemy aliens were eligible for apprehension
and removal at any time previous to actual naturalization. Section 25
of the Internal Security Act amends the Nationality Act of 1940 to make
ineligible for naturalization persons subscribing to or giving evidence
of subscribing to anarchist, communist, or any totalitarian movement
or body of sentiment. Those who within the ten years next preceding
the filing of naturalization petitions, or in the period between such
filing and the time of taking the final oath of citizenship, have
been members of, or affiliated with, communist-front organizations
registered under the Subversive Activities Control Act of 1950,
must rebut a presumption that they are persons not attached to the
principles of the Constitution and thus ineligible for citizenship.[191]
Congress has devised appropriate means for handling the cases of
persons seeking to renounce American citizenship. To facilitate the
surrender of United States citizenship by persons of Japanese ancestry,
Congress in July, 1944, specified that with the permission of the
Attorney General, and when the United States is at war, citizens may
accomplish expatriation by the simple act of making in the United
States a formal written renunciation of nationality in such form as
may be prescribed by, and before an officer designated by the Attorney
General.[192] The assumption that persons departing from or remaining
outside of the jurisdiction of the United States in time of war for the
purpose of evading or avoiding military service renounce their American
citizenship was created by an Act of Congress in September, 1944.[193]
Public-domain text, read in full here on John Shaqi.
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