Schneider v. Rusk

Schneider v. Rusk, 377 U.S. 163 (1964), was a 5–3 United States Supreme Court case that invalidated a law that stripped naturalized Americans of their citizenship as a result of extended or permanent residence abroad.

Relying on the due process clause of the Fifth Amendment, the court ruled it generally was unconstitutional to treat naturalized and natural-born citizens differently.

[1] Angelika Schneider, a German immigrant, came to the U.S. with her parents and became a United States citizen upon their naturalization at age 16.

The Supreme Court held that, since no provision of the law stripped natural-born Americans of their citizenship as a result of extended or permanent residence abroad, it was unconstitutionally discriminatory to apply such a rule only to naturalized citizens.

The opinion, however, noted the natural-born-citizen clause of the U.S. Constitution permitted naturalized and natural-born citizens to be treated differently with respect to who is eligible to serve as the president of the United States: "The only difference drawn by the Constitution is that only the 'natural born' citizen is eligible to be President".