United States v. Schwimmer

279 U.S. 644 (1929)

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Nature of the Case

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Facts

The Naturalization Act of June 29, 1906, requires: The applicant for naturalization shall, before she is admitted to citizenship, declare on oath in open court . . . that she will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. Schwimmer (P) was born in Hungary in 1877 and is a citizen of that country. P was a woman 49 years of age, a linguist, lecturer, and writer, well-educated and accustomed to discuss governments and civic affairs. She came to the United States in August 1921, to visit and lecture, and has resided in Illinois since the latter part of that month. P has declared her intention to become a citizen the following November and filed a petition for naturalization in September 1926. Question 22 on the form was this: 'If necessary, are you willing to take up arms in defense of this country?' She answered: 'I would not take up arms personally.' She said: 'I cannot see that a woman's refusal to take up arms is a contradiction to the oath of allegiance.' For the fulfillment of the duty to support and defend the Constitution and laws, she had in mind other ways and means. She referred to her interest in civic life, to her wide reading and attendance at lectures and meetings, mentioned her knowledge of foreign languages and that she occasionally glanced through Hungarian, French, German, Dutch, Scandinavian, and Italian publications, and said that she could imagine finding in meetings and publications attacks on the American form of government and she would conceive it her duty to uphold it against such attacks. She also testified: 'If . . . the United States can compel its women citizens to take up arms in the defense of the country -- something that no other civilized government has ever attempted -- I would not be able to comply with this requirement of American citizenship. The district court denied her application. The court of appeals reversed. D appealed.