It is noteworthy that Article 401 of an American law issued in 1940 stipulates that any citizen who votes in political elections in a foreign country immediately loses his American citizenship. However, in 1967, Jews in the United States were excluded from this law, and this decision was issued by the Supreme Court by a majority of only one vote, that of the Jewish member of the court, Pais Overdim.As Muhammad Al-Sammak says in his book “Christian Zionism,” just as the Jews of the United States enjoy this exception to the exclusion of all other American citizens, Israel also enjoys exceptional treatment to the exclusion of all other countries of the world.
QuestionDoes Section 401(e) of the 1940 Nationality Act, revoking U.S. citizenship to persons who vote in other countries' elections, violate either the Fifth Amendment right to Due Process or the Fourteenth Amendment, under which naturalized citizens are granted national citizenship?ConclusionYes. In a 5-to-4 decision, overruling Perez v. Brownell (356 US 44), the Court held that Congress has no general power to revoke American citizenship without consent. Noting the special bond between Americans and their government, a bond that protects every citizen against all manner of destruction of their rights, the Court held that only citizens themselves may voluntarily relinquish their citizenship. This sacred principle applies equally to natural and naturalized citizens. As such, Section 401(e) violated both the Fifth and Fourteenth Amendments.
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