The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
This involves as its principal and culminating event the taking in open
court by the applicant of an oath: "(1) to support the Constitution of
the United States; (2) to renounce and abjure absolutely and entirely
all allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty of whom or which the petitioner was before a subject or
citizen; (3) to support and defend the Constitution and the laws of the
United States against all enemies, foreign and domestic; (4) to bear
true faith and allegiance to the same; and (5)(A) to bear arms on behalf
of the United States when required by the law, or (B) to perform
noncombatant service in the Armed Forces of the United States when
required by the law, or (C) to perform work of national importance under
civilian direction when required by law."[1053] Any naturalized person
who takes this oath with mental reservations or conceals beliefs and
affiliations which under the statute disqualify one for naturalization,
is subject, upon these facts being shown in a proceeding brought for the
purpose, to have his certificate of naturalization cancelled.[1054]
Furthermore, if a naturalized person shall within five years "following
his naturalization become a member of or affiliated with any
organization, membership in or affiliation with which at the time of
naturalization would have precluded such person from naturalization
under the provisions of section 313, it shall be considered prima facie
evidence that such person was not attached to the principles of the
Constitution of the United States and was not well disposed to the good
order and happiness of the United States at the time of naturalization,
and, in the absence of countervailing evidence, it shall be sufficient
in the proper proceeding to authorize the revocation and setting aside
of the order admitting such person to citizenship and the cancellation
of the certificate of naturalization as having been obtained by
concealment of a material fact or by willful misrepresentation. * * *"
[1055]
RIGHTS OF NATURALIZED PERSONS
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