University of Chicago Law School Chicago Unbound Fulton Lectures Law School Lectures and Events 2008 Forswearing Allegiance Gerhard Casper Follow this and additional works at: http://chicagounbound.uchicago.edu/fulton_lectures Part of the Law Commons Recommended Citation Gerhard Casper, "Forswearing Allegiance" (Fulton Lectures 2008). This Working Paper is brought to you for free and open access by the Law School Lectures and Events at Chicago Unbound. It has been accepted for inclusion in Fulton Lectures by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. The Maurice and Muriel Fulton Lecture Series Forswearing Allegiance Gerhard Casper May 1, 2008 The Law School The University of Chicago Electronic copy available at: http://ssrn.com/abstract=1311584 Electronic copy available at: http://ssrn.com/abstract=1311584 Forswearing Allegiance Gerhard Casper* My subject is the requirement that new citizens abjure prior allegianc- es. It was introduced into federal naturalization law in 1795 and it is still the law of the land.1 A seemingly small historical topic, it pro- vides cause to reflect about changes in the concept of citizenship that have taken place over time, especially in recent decades. The 1795 “Act to establish a uniform rule of Naturalization”2 provided that an alien, in order to become a citizen, had to have been a resident of the United States for at least five years and had to declare, in court, three years before his admission, on oath or affirmation, that “it was bona fide his intention to become a citizen of the United States,3 and to renounce forever all allegiance and fidelity to any for- eign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof such alien may, at the time, be a citizen or subject.” The actual forswearance of allegiance took place at the time of naturalization and was to be recorded by the clerk of the court that admitted the applicant to citizenship.