Joseph McKenna

“ Plaintiff in error contests the proposition which she attributes to defendants in error, 'that the doctrine of perpetual allegiance maintained by England was accepted by the United States,' but contends 'that the prevalent doctrine of this country always has been that a citizen had a right to expatriate himself,' and cites cases to show that expatriation is a natural and inherent right. ”

“ Plaintiff in error claims a right as a voter of the state under its Constitution and the Constitution of the United States.
The Constitution of the state gives the privilege of suffrage to 'every native citizen of the United States,' and it is contended that under the Constitution of the United States every person born in the United States is a citizen thereof. ”

“ Justice Story, delivering the judgment of the court, said: 'The general doctrine is, that no persons can by any act of their own, without the consent of the government, put off their allegiance, and become aliens.' And Kent, in his Commentaries, after a historical review of the principle and discussion in the Federal courts, declares that 'the better opinion would seem to be, that a citizen cannot renounce his allegiance to the United States without the permission of government to be declared by law ”

“ The marriage of an American woman with a foreigner has consequences of like kind, may involve national complications of like kind, as her physical expatriation may involve. Therefore, as long as the relation lasts, it is made tantamount to expatriation. ”

“ He has not become naturalized as a citizen of the United States and it does not appear that he intends to do so. Ever since their marriage the plaintiff and her husband have lived together as husband and wife. ”

“ The latter must be conceded, and if plaintiff has not lost her citizenship by her marriage, she has the qualification of a voter prescribed by the Constitution of the state of California. The question then is. Did she cease to be a citizen by her marriage?
On March 2, 1907, that is, prior to the marriage of plaintiff in error, Congress enacted a statute the 3d section of which provides: 'That any American woman who marries a foreigner shall take the nationality of her husband. ”

“ It would make this opinion very voluminous to consider in detail the argument and the cases urged in support of or in attack upon the opposing conditions. Their foundation principles, we may assume, are known. The identity of husband and wife is an ancient principle of our jurisprudence. ”