Blog of Q\’s

By Bruce Fein (The Washington Times, Published March 1, 2005)

… Americans who vote in a foreign election, occupy any office in a
foreign state, enlist in a foreign army, attempt to overthrow the U.S.
government, or otherwise affirm allegiance to a foreign nation should
forfeit their citizenship. Accomplishing that is clouded by the United
States Supreme Court decision in Afroyim v. Rusk (1967). There, a
narrow 5-4 majority held unconstitutional a statute that made voting in
a political election in a foreign state a justification for revoking
citizenship acquired by naturalization.
    Writing for the court, Justice Hugo Black broadly
sermonized that the 14th Amendment permits loss of citizenship only by
voluntary relinquishment. Obeying that edict, current federal law makes
a specific intent to relinquish United States nationality the
touchstone for its loss.
    Congress should either propose a constitutional
amendment to overcome Afroyim; or, enact legislation that deletes the
specific intent requirement in the expectation that the high court will
reconsider the precedent. Dual allegiances do not imminently threaten
the fabric of the United States. But they fuel a yawning indifference
to American customs and civic spirit indispensable to national vitality.