Mackenzie v. Hare’s Empirical Analysis
239 U.S. 299 · 1915
Citation profile
118 federal appellate · 53 district · 24 state decisions
How this case has been cited
Cited by 307 later decisions (60 by the Supreme Court) — most recently July 2021 · most notably Caminetti v. United States (1917), Kennedy v. Mendoza-Martinez (1963)
118 federal appellate · 53 district · 24 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Osborn v. President Directors and Company of the Bank of the United States · Virginia v. Rives · United States v. Wong Kim Ark · Legal Tender Cases Knox v. Lee Parker · Margaret Williamson v. Katherine Osenton
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 307 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"As a government, the United States is invested with all the attributes of sovereignty. As it has the character of nationality it has the powers of nationality, especially those which concern its relations and intercourse with other countries. * * * It may be conceded that a change of citizenship cannot be arbitrarily imposed * * *. The law in controversy does not have that feature. It deals with a condition voluntarily entered into, with notice of the consequences. We concur with counsel that citizenship is of tangible worth, and we sympathize with plaintiff in her desire to retain it and in her earnest assertion of it. But there is involved more than personal considerations. As we have seen, the legislation was urged by conditions of national moment. * * * The marriage of an American woman with a foreigner * * * may involve national complications of like kind, as her physical expatriation may involve. Therefore, as long as the relation lasts it is made tantamount to expatriation. This is no arbitrary exercise of government. * * * It is the conception of the legislation under review that such an act may bring the Government into embarrassments and, it may be, into controversies."”
5 later decisions quote this exact passage · from the majoritye.g. Burnet v. Brooks · Ex parte Griffin““Sec. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conforipity with its laws, or when he has taken an oath of allegiance to any foreign state. “When any naturalized citizen shall have resided for two years in the foreign state fro m which he came, or for five-years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and .the place of his general abode shall be deemed his place of residence during said years: Provided, however, that such presumption may be overcome on the presenta! ytion of satisfactory evidence to a diplomatic or consular officer of the United ;States, under such rules and regulations as the Department of State may prescribe: And provided also, that no American citizen shall be allowed to expatriate himself when this country is at war. “Sec. 3. That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. “Sec. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital r”
3 later decisions quote this exact passage · from the majority“was an incident to her birth in the United States, and, under the Constitution and laws of the United States, it became a right * * * which could not be taken away from her except as a punishment for crime or by her voluntary expatriation.”
1 later decision quote this exact passage · from the majoritye.g. Schneider v. Rusk
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.