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PART III War in the Supreme Court Surely the Congress has the right to exact from aliens, to whom the privileges of citizenship are granted, attachment to the principles of the Constitution of the United States as much as the USSR has the right to exact, and has exacted, devotion to its principles from Russian citizens. —Felix Frankfurter to Harlan Stone, March 31, 1943 Section 1 of the Fourteenth Amendment that confers citizenships and narrows a person born here with citizenship also provides that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without due process of law. The first of these two clauses plainly makes privileges and immunities of United States citizenship free from abridgment by a state. The Amendment then goes on to recognize a power in states to deprive all persons including citizens of “life, liberty or property” if they are afforded “due process of law.” But even if afforded due process of law the state is granted no power under the fourteenth amendment to “deprive any person” of the citizenship granted by the Fourteenth Amendment. —Draft of Hugo Black’s concurring opinion in Nishikawa, March 3, 1958 This page intentionally left blank ...

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