Kawakita v. United States (343 U.S. 717)
U.S. Supreme Court · decided June 2, 1952 · Supreme Court Database (Spaeth)
- Citation
- 343 U.S. 717 · 72 S. Ct. 950
- Docket
- No. 570
- Argued
- April 2, 1952
- Decided
- June 2, 1952
- Term
- October Term 1951
- Vote
- 4–3
- Majority author
- Justice Douglas
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Justice Minton, Justice R. H. Jackson, Justice Douglas (wrote), Justice Reed
- Dissenting
- Chief Justice Vinson (wrote), Justice Burton, Justice Black
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. Petitioner, a national both of the United States and of Japan, was indicted for treason, the overt acts relating to his treatment of American prisoners of war. He was convicted of treason after a jury trial (see 96 F. Supp. 824) and the judgment of conviction was affirmed. 190 F. 2d 506. The case is here on certiorari. 342 U. S. 932. First. The important question that lies at the threshold of the case relates to expatriation. Petitioner was born in this country in 1921 of Japanese parents who were citizens of Japan. He was thus a citizen of the United States by birth (Amendment XIV, § 1) and, by reason of Japanese law, a national of Japan. See Hirabayashi v. United States, 320 U. S. 81, 97. In 1939 shortly before petitioner turned 18 years of age he went to Japan with his father to visit his grandfather. He traveled on a United States passport; and to obtain it he took the customary oath of allegiance. In 1940 he registered with an American consul in Japan as an American citizen. Petitioner remained in Japan, his father returning to this country. In March, 1941, he entered Meiji University and took a commercial course and military training. In April, 1941, he renewed his United States passport, once more taking the oath of allegiance to the United States. During this period he was registered as an alien with the Japanese…
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