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Constitutional Law Keyed to Choper
Trop v. Dulles
Citation:
356 U.S. 86 (1958)Facts
In 1944, Albert Trop was serving as a private in the U.S. Army in French Morocco when he escaped from a stockade where he had been confined following a breach of discipline. After less than a day, while walking back toward his base, he was picked up by an Army truck and turned over to military police. Trop testified that he and his companion had decided to return to the stockade because they were cold and hungry. A general court-martial convicted Trop of desertion and sentenced him to three years at hard labor, forfeiture of all pay and allowances, and a dishonorable discharge. In 1952, when Trop applied for a passport, his application was denied on the ground that under Section 401(g) of the Nationality Act of 1940, he had lost his U.S. citizenship due to his conviction and dishonorable discharge for wartime desertion.
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