55 Minn. L. Rev. 235 (1970-1971)
Afroyim v. Rusk: The Evolution, Uncertainty and Implications of a Constitutional Principle; Dionisopoulos, P. Allan

handle is hein.journals/mnlr55 and id is 247 raw text is: Afroyim v. Rusk: The Evolution, Uncertainty
and Implications of a Constitutional Principle
P. Allan Dionisopoulos*
I. INTRODUCTION
Only on rare occasions can one expect a decision of the Su-
preme Court to have an impact outside the United States as well
as on the American people. One such case was the desegregation
decision of 1954,1 since that was a promise of a new American
commitment to overcome what others described as our national
dilemma2 It was also foreseeable that the decision would re-
ceive a favorable reception within newly-emerging nation-states
where racism and notions about racial superiority and inferiority
were anathema. Other examples of cases having foreign as well
as domestic implications include those which involved questions
about Moscow's control over the Russian Orthodox Church in
America3 and those which reflected American antagonism toward
economic theories and practices in other political systems.4 Be-
cause such cases have political overtones and affect America's
external relationships as well as the rights of Americans, both
their international and internal implications are apparent.
While there are several examples of Supreme Court decisions
having an external impact, it is doubtful that any created a more
complex problem for the United States than Afroyim v. Rusk.3
In that case the Court declared that American citizenship is an
absolute constitutional right. Therefore, the Government of the
United States may not forcibly deprive an American of his na-
tionality. A decision such as this is bound to be favorably re-
ceived within libertarian quarters. The question is whether the
Supreme Court can continue on a libertarian course on this issue,
knowing that its decision has since become a source of embarrass-
ment for the United States in its relationships with the Arab
world.6
* Professor of Political Science, Northern Illinois University.
1. Brown v. Bd. of Educ., 347 U.S. 483 (1954).
2. G. MY RD&L, THEA iA cAN DEmcMnA (1944).
3. Kreshik v. St. Nicholas Cathedral of North America, 363 U.S.
190 (1960); Kedroff v. St. Nicholas Cathedral of Russian Orthodox
Church in North America, 344 U.S. 94 (1952).
4. Republic of Cuba v. Flota Maritima, 385 U.S. 837 (1966); United
States v. Pink, 315 U.S. 203 (1942); United States v. Belmont, 301 U.S.
324 (1937).
5. 387 U.S. 253 (1967).
6. The exact nature of this problem can be better elaborated

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