Moser v. United States (341 U.S. 41)
U.S. Supreme Court · decided April 9, 1951 · Supreme Court Database (Spaeth)
- Citation
- 341 U.S. 41 · 71 S. Ct. 553
- Docket
- No. 301
- Argued
- March 7, 1951
- Decided
- April 9, 1951
- Term
- October Term 1950
- Vote
- 9–0
- Majority author
- Justice Minton
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Minton (wrote), Justice Clark, Justice Burton, Justice R. H. Jackson, Justice Reed
- Concurring in the judgment
- Justice Douglas, Justice Frankfurter (wrote), Justice Black (wrote)
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. Petitioner, a native of Switzerland, was admitted to citizenship by the United States District Court for the Eastern District of New York on July 21, 1949. The Court of Appeals reversed, holding that petitioner was debarred from citizenship because he had claimed exemption from military service as a neutral alien during World War II. Important questions concerning the effect of treaty and statute upon the privilege of aliens to acquire citizenship, are involved, and we granted certiorari. Petitioner first entered the United States in 1937. After a trip to Switzerland in 1940 for service in the Swiss Army, in which he held a commission, he returned to this country and married a United States citizen. He and his wife have three children, all born here. Article II of the Treaty of 1850 between the United States and Switzerland provides that “The citizens of one of the two countries, residing or established in the other, shall be free from personal military service . . . Petitioner registered under Selective Service in 1940 and was classified III-A, based on dependency. When, on January 11, 1944, his Local Board in New York City reclassified him I-A, available for service, he sought the aid of the Legation of Switzerland in securing his deferment in accordance with the Treaty of 1850. At that time § 3 (a) of the Selective…
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