JACKSON, J., dissenting. 338 U.S. I think that observance of good faith with the states requires that we interpret this Act as it was represented at the time they urged its enactment, as its terms read, and as we have, until today, declared it, viz. to supplement but not to supplant state regulation. What amounts to an entrapment of the state agencies that supported this Act under the representation that it would not deprive them of powers but would only make their powers effective will probably not make it easier to get needed regulatory legislation in the future. Syllabus. SAVORGNAN v. UNITED STATES ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No. 48. Argued November 7-8, 1949.-Decided January 9, 1950. In 1940, petitioner, a native-born American citizen who was a competent adult woman, voluntarily and knowingly applied for and obtained Italian citizenship while in the United States through naturalization in accordance with Italian law. She went to Italy in 1941 and lived there with her Italian husband until 1945, when she returned to the United States. Held: She expatriated herself under the laws of the United States by her naturalization as an Italian citizen followed by her residence abroad. Pp. 492-506. (a) Within the meaning of § 2 of the Citizenship Act of 1907, the term "naturalization in any foreign state" includes naturalization proceedings which lead to citizenship in a foreign state, even though such proceedings take place in the United States. P. 499. (b) After a competent adult American citizen has voluntarily and knowingly performed an overt act which spells expatriation under the wording of the Citizenship Act of 1907, he cannot preserve or regain his American citizenship by showing his intent or understanding to have been contrary to the usual legal consequences of such an act, since those legal consequences are not dependent upon the intention of the citizen. Pp. 499-502. (c) Whether this case be governed as to foreign residence by the Nationality Act of 1940 or the Citizenship Act of 1907, the fact that, following her naturalization as an Italian citizen, petitioner actually resided abroad (i. e., had a "place of general abode" there) from 1941 to 1945 deprived her of her American citizenship, regardless of whether she intended to abandon her residence in the United States or to obtain a permanent residence abroad. Pp. 503-506. (d) No decision is made on the question whether petitioner's Italian naturalization in 1940 would have deprived her of American citizenship had she not taken up her residence abroad. Pp. 502-503. (e) Petitioner's signing of the instrument containing her oath of allegiance to the King of Italy was an oath of allegiance to a foreign state within the meanings of § 2 of the Citizenship Act of Opinion of the Court. 338 U.S. 1907 and § 401 (b) of the Nationality Act of 1940, even though no ceremony or formal administration of the oath accompanied her signature. P. 496, n. 5. 171 F. 2d 155, affirmed. In a suit under § 503 of the Nationality Act of 1940, 54 Stat. 1171, 8 U. S. C. § 903, the District Court granted respondent a judgment declaring her to be an American citizen. 73 F. Supp. 109. The Court of Appeals reversed. 171 F. 2d 155. This Court granted certiorari. 337 U. S. 914. Affirmed, p. 506. Suel O. Arnold and Carl A. Flom argued the cause and filed a brief for petitioner. Oscar H. Davis argued the cause for respondents. With him on the brief were Solicitor General Perlman, Assistant Attorney General Campbell, Robert S. Erdahl and Philip R. Monahan. Briefs of amici curiae urging reversal were filed by Walbridge S. Taft for Margaret Trimble Revedin, and by Jack Wasserman and Gaspare Cusumano for the Association of Immigration and Nationality Lawyers. MR. JUSTICE BURTON delivered the opinion of the Court. The question is whether, under the special circumstances of this case, a native-born American citizen who became an Italian citizen in 1940, and lived in Italy with her Italian husband from 1941 to 1945, nevertheless retained her American citizenship. For the reasons hereinafter stated, we hold that she did not. The controlling statutes are § 2 of the Citizenship Act of 1907,1 and §§ 401, 1"SEC. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. "When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any 491 Opinion of the Court. 403 and 104 of its successor, the Nationality Act of 1940.2 The petitioner, Rosette Sorge Savorgnan, brought this action in the United States District Court for the Western other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war." (Emphasis supplied.) 34 Stat. 1228, 8 U. S. C. (1934 ed.) § 17. 2 "SEC. 401. A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: "(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: . . . or "(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; . . . ." (Emphasis supplied.) 54 Stat. 1168-1169, 8 U. S. C. § 801 (a) and (b). "SEC. 403. (a) Except as provided in subsections (g), (h), and (i) of section 401, no national can expatriate himself, or be expatriated, under this section [*] while within the United States or any of its outlying possessions, but expatriation shall result from the performance within the United States or any of its outlying possessions of any of the acts or the fulfillment of any of the conditions specified in this section[*] if and when the national thereafter takes up a residence abroad." (Emphasis supplied.) 54 Stat. 1169-1170, 58 Stat. 677, 8 U. S. C. § 803 (a). "SEC. 104. For the purposes of sections 201, 307 (b), 403, 404, 405, 406, and 407 of this Act, the place of general abode shall be deemed the place of residence." (Emphasis supplied.) 54 Stat. 1138, 8 U. S. C. § 504. *The words "this section" as used in § 403 refer to § 401. This not only is evident from the context but a ready explanation appears from the fact that the language of § 403 originally appeared as a proviso in 401 (h) of H. R. 6127, 76th Cong., 1st Sess. (1940). Hearings before the House Committee on Immigration and Naturalization on H. R. 6127, superseded by H. R. 9980, 76th Cong., 1st Sess. 25 (1940). H. R. 9980 became the Nationality Act of 1940. 860926 0-50-38 Opinion of the Court. 338 U.S. District of Wisconsin, under § 503 of the Nationality Act of 1940, 54 Stat. 1171, 8 U. S. C. § 903, for a judgment declaring her to be an American citizen. That court decided in her favor. 73 F. Supp. 109. The United States Court of Appeals for the Seventh Circuit reversed the judgment and remanded the case with directions to dismiss the petition against the United States because it had not consented to be sued, and to enter judgment in favor of the other defendants in conformity with its opinion. 171 F. 2d 155. Because of the importance of this decision in determining American citizenship, we granted certiorari. 337 U. S. 914. Insofar as material, the undisputed facts and those found by the District Court are as follows: The petitioner was born in Wisconsin in 1915 of nativeborn parents and resided in the United States until July, 1941. In March, 1940, her intended husband, Alessandro Savorgnan, was an Italian citizen, serving as Italian Vice Consul at St. Louis, Missouri. He informed her that, under Italian law, she would have to become an Italian citizen before he could obtain the necessary royal consent to their marriage. She applied for Italian citizenship. He prepared her application. It was in Italian which he understood, but which she did not understand. In August, the petitioner was granted Italian citizenship. In November, she appeared with Savorgnan at the Italian Consulate in Chicago, Illinois, and, in his presence, signed an instrument which contained an oath, in Italian, expressly renouncing her American citizenship and swearing her allegiance to the King of Italy. No ceremony or formal administration of the oath accompanied her signature and apparently none was required. She and Sa 3 A translation shows that this instrument included the following statement: "The person in question [Rosetta Andrus Sorge, who, as Rosette Sorge Savorgnan, later became the petitioner in the instant case], |