uthorize the revocation and setting aside
of the order admitting such person to citizenship and the cancellation
of the certificate of naturalization as having been obtained by
concealment of a material fact or by willful misrepresentation. * * *"
[1055]
RIGHTS OF NATURALIZED PERSONS
Chief Justice Marshall early stated the dictum that "a naturalized
citizen * * * become[s] a member of the society, possessing all the
rights of a native citizen, and standing, in the view of the
Constitution, on the footing of a native. The Constitution does not
authorize Congress to enlarge or abridge those rights. The simple power
of the national legislature is, to prescribe a uniform rule of
naturalization, and the exercise of this power exhausts it, so far as
respects the individual."[1056] A similar idea was expressed in 1946 in
Knauer _v._ United States:[1057] "Citizenship obtained through
naturalization is not a second-class citizenship. * * * [It] carries
with it the privilege of full participation in the affairs of our
society, including the right to speak freely, to criticize officials and
administrators, and to promote changes in our laws including the very
Charter of our Government."[1058] But, as shown above, a naturalized
citizen is subject at any time to have his good faith in taking the oath
of allegiance to the United States inquired into, and to lose his
citizenship if lack of such faith is shown in proper proceedings.[1059]
Also, "a person who has become a national by naturalization" may lose
his nationality by "having a continuous residence for three years in the
territory of a foreign state of which he was formerly a national or in
which the place of his birth is situated," or by "having a continuous
residence for five years in any other foreign state or states."[1060]
However, in the absence of treaty or statute to the contrary effect, a
child born in the United States who is taken during minority to the
country of his parents' origin, where his parents resume their former
allegiance, does not thereby lose his American citizenship provided that
on attaining his majority he elects to retain it and returns to the
United States to assume its duties.[1061]
CONGRESS' POWER EXCLUSIVE
Congress' power over naturalization is an exclusive power. A State
cannot denationalize a foreign subject who has not complied with federal
naturalization law and constitute him a citizen of the United States, or
of the State, so a
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