Montana v. Kennedy

Montana v. Kennedy
Decided May 22, 1961
Full case nameMontana v. Kennedy
Citations366 U.S. 308 (more)
Holding
Petitioner is not a citizen of the United States because he lacks a statutory basis for claiming derivative citizenship.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Tom C. Clark
John M. Harlan II · William J. Brennan Jr.
Charles E. Whittaker · Potter Stewart

Montana v. Kennedy, 366 U.S. 308 (1961), was a U.S. Supreme Court case that determined the citizenship status of Mauro John Montana, who at the time of the case was a resident of the United States born to a naturalized U.S. Citizen mother and an alien Italian father in Italy. The court held that the petitioner (Montana) was not a U.S. Citizen on the grounds that the petitioner did not earn citizenship through R.S. § 2172 as was argued, or R.S. § 1993 which provided citizenship to foreign-born children whose fathers were citizens.