Preponderance of the Evidence: An Ineffective Burden of Proof in Expatriation Proceedings

Abstract

This Comment will review the recent history of evidentiary standards in expatriation proceedings. The Comment will also analyze the views espoused by the Supreme Court in the Terrazas opinion regarding the use of the preponderance standard in light of constitutional limitations on congressional power and the standard\u27s effectiveness in preventing forcible denationalization. Finally, the propriety of the alternative clear, convincing and unequivocal evidence standard will be briefly examined