The Sovereign Citizen. Patrick Weil
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The Sovereign Citizen
DEMOCRACY, CITIZENSHIP,
AND CONSTITUTIONALISM
Rogers M. Smith and Mary L. Dudziak, Series Editors
A list of books in the series
is available from the publisher.
The Sovereign Citizen
Denaturalization and the origins of the American Republic
Patrick Weil
UNIVERSITY OF PENNSYLVANIA PRESS
PHILADELPHIA
Copyright © 2013 University of Pennsylvania Press
All rights reserved. Except for brief quotations used for
purposes of review or scholarly citation, none of this book
may be reproduced in any form by any means without
written permission from the publisher.
Published by
University of Pennsylvania Press
Philadelphia, Pennsylvania 19104-4112
Printed in the United States of America on acid-free paper
10 9 8 7 6 5 4 3 2 1
Library of Congress Cataloging-in-Publication Data
Weil, Patrick.
The sovereign citizen : denaturalization and the origins of
the American Republic / Patrick Weil.—1st ed.
p. cm.—(Democracy, citizenship, and constitutionalism)
Includes bibliographical references and index.
ISBN 978-0-8122-2212-8 (pbk. : alk. paper)
1. Expatriation—United States—History—20th century.
2. Citizenship, Loss of—United States—History—20th century.
3. Citizenship—United States—History—20th century. I. Title.
KF4715.W45 2013
342.7308'3—dc23 2012022653
CONTENTS
PART I. THE FEDERALIZATION OF NATURALIZATION
Chapter 1. Denaturalization, the Main Instrument of Federal Power
Chapter 2. The Installment of the Bureau of Naturalization, 1909–1926
Chapter 3. The Victory of the Federalization of Naturalization, 1926–1940
PART II. A CONDITIONAL CITIZENSHIP
Chapter 4. The First Political Denaturalization: Emma Goldman
Chapter 5. Radicals and Asians
Chapter 6. In the Largest Numbers: The Penalty of Living Abroad
Chapter 7. The Proactive Denaturalization Program During World War II
PART III. WAR IN THE SUPREME COURT
Chapter 8. Schneiderman: A Republican Leader Defends a Communist
Chapter 9. Baumgartner. The Program Ends, but Denaturalization Continues
Chapter 10. A Frozen Interlude in the Cold War
Chapter 12. American Citizenship Is Secured: “May Perez Rest in Peace!”
Appendix 1. Emma Goldman, “A Woman Without a Country”
From Mother Earth (1909)
From Free Vistas (1933)
Appendix 2. Chiefs of the Naturalization Bureau and Evolution of Departmental Responsibilities
Appendix 3. Naturalization Cancellations in the United States, 1907–1973
Appendix 4. Americans Expatriated, by Grounds and Year, 1945–1977
Archival Sources and Interviews
Introduction
Present-day Americans feel secure in their citizenship. They are free to speak up for any cause and to oppose their government, to marry a person of any nationality, and to live wherever they decide, in the United States or abroad. Many Americans consider their citizenship the most “cherished” status in the world.1 This is why most foreign-born U.S. residents look forward to the day they can apply for citizenship, once the required five-year waiting period has passed. For many, the day they pledge allegiance to the United States will be one of the most memorable of their lives.
Yet there was a time, not long ago, when the American government expatriated—or forcibly stripped the citizenship of—certain American citizens. Beginning in 1907, American women marrying foreign husbands, as well as previously naturalized