- 06 Jan 2024 18:32
#15300864
The Expatriation Act of 1868 asserted the principle that foreigners have the right to renounce their prior allegiance , when taking up U.S. citizenship. It didn't address the right of U.S. citizens to do likewise .
The idea of a man renouncing his citizenship , and thereby becoming a stateless person , did however form the premise of the fictional story "The Man Without a Country" .
Whether or not Donald Trump is guilty of committing treason comes down to whether he expressed incitement to sedition .
https://www.usatoday.com/story/news/nation/2021/01/07/us-capitol-breach-sedition-legal-expert-says/6577765002/
, https://news.yahoo.com/jan-6-example-networked-incitement-140216230.html , https://www.csis.org/analysis/understanding-insurrection-and-sedition , https://law.onecle.com/constitution/amendment-01/41-seditious-speech.html
P.S. The only Confederates I know of who never regained their citizenship were the Confederados , who emigrated to Brazil , thereby taking on Brazilian citizenship.
ingliz wrote:@wat0n
No, he did not.
The Confederates were disenfranchised until 1870, but it wasn't until the Expatriation Act of 1868 that the US even had a means for people to renounce their citizenship.
The Expatriation Act of 1868 asserted the principle that foreigners have the right to renounce their prior allegiance , when taking up U.S. citizenship. It didn't address the right of U.S. citizens to do likewise .
The Expatriation Act of 1868 did not explicitly create any procedure by which a U.S. citizen might exercise his or her right to give up citizenship. Existing law — namely, the Enrollment Act of 1865 § 21[13] — provided only two grounds for loss of citizenship, those being draft evasion and desertion.[11][14] The Bancroft Treaties also had provisions that naturalized U.S. citizens would be deemed to have renounced their U.S. citizenship and resumed their original citizenship if they returned to their native countries and remained there for a certain period of time. Finally, in 1873, Attorney-General George Henry Williams wrote that "the affirmation by Congress, that the right of expatriation is 'a natural and inherent right in all people' includes citizens of the United States as well as others, and the executive should give to it that comprehensive effect." However, William's statement was mostly used to justify the denaturalization of naturalized U.S. citizens.[15] In general, a naturalized American who took up a position in the government or military of his native country was considered to have given up his U.S. citizenship and resumed his original one; however, naturalized Americans who did these same acts in other countries which were not their native countries were seen as having given up their right to U.S. protection, but not to U.S. citizenship itself. In particular, the State Department did not consider that mere establishment of non-U.S. domicile was sufficient grounds for revoking U.S. citizenship.[16]
There would be no legislation regarding grounds for loss of U.S. citizenship by native-born citizens until the Expatriation Act of 1907 (34 Stat. 1228).[11][14] Before then, the State Department and the courts seemed to agree that the only act which would cause a native-born citizen to lose U.S. citizenship was voluntary acquisition of citizen or subject status in a foreign state.[17] Even foreign military service was not necessarily held to result in loss of U.S. citizenship; the precedent pointed out by Thomas F. Bayard, Secretary of State during the late 1880s, was that the U.S. did not consider the French who joined the American Revolution to have thus acquired U.S. citizenship. Similarly, voting in a foreign election was not held as definitive evidence of intent to give up citizenship, in the absence of an express acquisition of foreign citizenship and renunciation of the U.S. one.[18] However, the Expatriation Act of 1907 and subsequent legislation would thenceforth broaden the number of actions which, if undertaken voluntarily, would be considered by the U.S. government to prove the intent to lose U.S. citizenship.[19] https://en.m.wikipedia.org/wiki/Expatriation_Act_of_1868#Early_policies
The idea of a man renouncing his citizenship , and thereby becoming a stateless person , did however form the premise of the fictional story "The Man Without a Country" .
Whether or not Donald Trump is guilty of committing treason comes down to whether he expressed incitement to sedition .
https://www.usatoday.com/story/news/nation/2021/01/07/us-capitol-breach-sedition-legal-expert-says/6577765002/
, https://news.yahoo.com/jan-6-example-networked-incitement-140216230.html , https://www.csis.org/analysis/understanding-insurrection-and-sedition , https://law.onecle.com/constitution/amendment-01/41-seditious-speech.html
P.S. The only Confederates I know of who never regained their citizenship were the Confederados , who emigrated to Brazil , thereby taking on Brazilian citizenship.
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