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Astrup v. Ins, 402 U.S. 509 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Astrup v. Ins, 402 U.S. 509 (1971)
Astrup v. Immigration and Naturalization Service No. 840 Argued April 20, 1971 Decided May 24, 1971 402 U.S. 509
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Petitioner, an alien, agreed to give up his right to become an American citizen in exchange for exemption from military service, pursuant to § 4(a) of the Selective Service Act of 1948. After that section was repealed, petitioner was subjected to the draft, but was found to be physically unfit. His subsequent petition for naturalization was denied on the ground that he was debarred from citizenship. Section 315 of the Immigration and Nationality Act of 1952 provides that any alien who has applied for exemption from military service on the ground of alienage "and is or was relieved . . . from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States."
Held: Under § 315, an alien who requests exemption from military service is to be held to his agreement to relinquish all claims to naturalization only when the Government completely and permanently exempts him from service in the armed forces. Pp. 511-514.
432 F.2d 438, reversed and remanded.
BLACK, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Astrup v. Ins, 402 U.S. 509 (1971) in 402 U.S. 509 Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=9JRAZTL56Z1MVUX.
MLA: U.S. Supreme Court. "Syllabus." Astrup v. Ins, 402 U.S. 509 (1971), in 402 U.S. 509, Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=9JRAZTL56Z1MVUX.
Harvard: U.S. Supreme Court, 'Syllabus' in Astrup v. Ins, 402 U.S. 509 (1971). cited in 1971, 402 U.S. 509. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=9JRAZTL56Z1MVUX.
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