| Girouard v. United States | |
|---|---|
 | |
| Argued March 4, 1946 Decided April 22, 1946 | |
| Full case name | James Girouard v. United States |
| Citations | 328U.S.61 (more) 66 S. Ct. 826; 90L. Ed. 1084; 1946U.S. LEXIS 2499 |
| Holding | |
| Religiouspacifism is not a reason to deny a foreigner citizenship. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas, joined by Black, Murphy, Rutledge, Burton |
| Dissent | Stone, joined by Reed, Frankfurter |
| Jackson took no part in the consideration or decision of the case. | |
| Laws applied | |
| War Powers Act of 1941, The Nationality Act of 1940 | |
This case overturned a previous ruling or rulings | |
| United States v. Schwimmer (1929) | |
Girouard v. United States, 328 U.S. 61 (1946), was a case decided by theSupreme Court of the United States. It concerned apacifist applicant fornaturalization who in the interview declared not to be willing to fight for the defense of theUnited States. The case questioned a precedent set byUnited States v. Schwimmer in 1929 that denied an applicant entry to the United States because of her pacifist stance.Girouard v. United States overturned that precedent by voting in favor of James Girouard's religious freedom through allowing him to uphold hisSeventh-day Adventist beliefs. Chief JusticeHarlan F. Stone died the day of the decision.[1][2]
James Girouard was aCanadian citizen who applied to become anAmerican citizen. When asked if he would fight for the U.S., he responded "No, I am a Seventh-day Adventist." Girouard stated that he believed in the democratic ideal, but asserted that he was an uncompromising pacifist. The response was similar toRosika Schwimmer's (United States v. Schwimmer) who said, "My cosmic consciousness of belonging to the human family is shared by all those who believe that all human beings are the children of God."
The Court held 5–3 that citizenship should be allowed. The majority stated that theoath aliens are required to take to become citizens does not require them to bear arms in defense of the United States.[3] The court also drew support from theWar Powers Act of 1941, enacted by Congress in 1942, which relaxed naturalization requirements for aliens who served in theUnited States Armed Forces duringWorld War II, including those who served in non-combatant roles. The court explained that serving in a combatant role is not the only way to uphold and defend theUS Constitution and that Girouard should not be denied citizenship because of his religious pacifism.
Chief JusticeHarlan F. Stone argued against granting citizenship in his dissent, joined by Justices Reed and Frankfurter. Stone cited the Nationality Act of 1940 and explained that it was the method that Congress chose for determining whether aliens met the requirements to become citizens.[citation needed]
He argued that the War Powers Act of 1942 did not apply in the case because the aliens covered under the 1942 act had already served in the armed forces in defense of the United States, and it was not intended to include those who had not previously rendered military service to the United States.[citation needed]
Stone became ill immediately after reading (or, according to one author, while reading[4]) his dissenting opinion in open court. The Court went into an immediate recess, and medical assistance was summoned. Stone died later that day at his home in Washington, D.C.[5]
Girouard v. United States overturned three previous Supreme Court decisions. They were:
Works related toGirouard v. United States at Wikisource