Trop v. Dulles

E266465

Trop v. Dulles is a 1958 U.S. Supreme Court case that redefined the scope of the Eighth Amendment by holding that denationalization as punishment is unconstitutional and introducing the concept of “evolving standards of decency” in interpreting cruel and unusual punishment.

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Statements (47)

Predicate Object
instanceOf Eighth Amendment case
United States Supreme Court case
appealedFrom United States Court of Appeals for the Second Circuit
areaOfLaw citizenship law
constitutional law
criminal punishment
argued 1957-10-23
chiefJusticeAtDecision Earl Warren
citation 356 U.S. 86
concurrenceBy William J. Brennan Jr.
constitutionalProvisionInterpreted Article I, Section 8 of the U.S. Constitution
surface form: Article I, Section 8 of the United States Constitution

Eighth Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1958-03-31
dissentBy Charles E. Whittaker
Felix Frankfurter
John M. Harlan II
Tom C. Clark
factPattern Army soldier convicted of desertion during wartime
Petitioner was declared to have lost his U.S. citizenship as a consequence of desertion
fullCaseName Trop v. Dulles self-linksurface differs
surface form: Albert Trop v. John Foster Dulles, Secretary of State
holding Denationalization as a punishment for crime is unconstitutional under the Eighth Amendment
The Eighth Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society
impact established a dynamic, evolving approach to constitutional interpretation of punishment
expanded interpretation of the Eighth Amendment beyond physical punishments
involvedStatute Section 401(g) of the Nationality Act of 1940
jurisdiction federal
keyPhrase evolving standards of decency
language English
legalIssue cruel and unusual punishment
denationalization as punishment
legalPrinciple evolving standards of decency
majorityOpinionBy Earl Warren
originatingCourt United States District Court for the Southern District of New York
petitioner Albert Trop
pluralityOpinionBy Earl Warren
precedentFor cases limiting harsh non-physical punishments
later Eighth Amendment proportionality cases
reargued 1958-01-15
relatedTo Eighth Amendment jurisprudence
cruel and unusual punishment doctrine
loss of citizenship
respondent John Foster Dulles
respondentOffice United States Secretary of State
result statutory provision authorizing denationalization as punishment held unconstitutional

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Trop v. Dulles fullCaseName Trop v. Dulles self-linksurface differs
this entity surface form: Albert Trop v. John Foster Dulles, Secretary of State