text:
Kent v. Dulles, 357 U.S. 116 (1958)
Supreme Court of the United States
Filed: June 16th, 1958
Precedential Status: Precedential
Citations: 357 U.S. 116, 78 S. Ct. 1113, 2 L. Ed. 2d 1204, 1958 U.S. LEXIS 814
Docket Number: 481
Supreme Court Database ID: 1957-121
Author: William Orville Douglas

357 U.S. 116 (1958)
KENT ET AL.
v.
DULLES, SECRETARY OF STATE.

No. 481.
Supreme Court of United States.

Argued April 10, 1958.
Decided June 16, 1958.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
*117 Leonard B. Boudin argued the cause for petitioners. With him on the brief were Victor Rabinowitz and David Rein. Daniel G. Marshall was also on the brief for Briehl, petitioner.

Solicitor General Rankin argued the cause for respondent. With him on the brief were Assistant Attorney General Doub, Samuel D. Slade and B. Jenkins Middleton.

Osmond K. Fraenkel and William J. Butler filed a brief for the American Civil Liberties Union, as amicus curiae.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case concerns two applications for passports, denied by the Secretary of State. One was by Rockwell Kent who desired to visit England and attend a meeting of an organization known as the "World Council of Peace" in Helsinki, Finland. The Director of the Passport Office informed Kent that issuance of a passport was precluded by § 51.135 of the Regulations promulgated by the Secretary of State on two grounds:[1] (1) that he was a *118 Communist and (2) that he had had "a consistent and prolonged adherence to the Communist Party line." The letter of denial specified in some detail the facts on which those conclusions were based. Kent was also advised of his right to an informal hearing under § 51.137 of the Regulations. But he was also told that whether or not a hearing was requested it would be necessary, before a passport would be issued, to submit an affidavit as to whether he was then or ever had been a Communist.[2] Kent did not ask for a hearing but filed a new passport application listing several European countries he desired to visit. When advised that a hearing was still available to him, his attorney replied that Kent took the position *119 that the requirement of an affidavit concerning Communist Party membership "is unlawful and that for that reason and as a matter of conscience," he would not supply one. He did, however, have a hearing at which the principal evidence against him was from his book It's Me O Lord, which Kent agreed was accurate. He again refused to submit the affidavit, maintaining that any matters unrelated to the question of his citizenship were irrelevant to the Department's consideration of his application. The Department advised him that no further consideration of his application would be given until he satisfied the requirements of the Regulations.

Thereupon Kent sued in the District Court for declaratory relief. The District Court granted summary judgment for respondent. On appeal the case of Kent was heard with that of Dr. Walter Briehl, a psychiatrist. When Briehl applied for a passport, the Director of the Passport Office asked him to supply the affidavit covering membership in the Communist Party. Briehl, like Kent, refused. The Director then tentatively disapproved the application on the following grounds:

"In your case it has been alleged that you were a Communist. Specifically it is alleged that you were a member of the Los Angeles County Communist Party; that you were a member of the Bookshop Association, St. Louis, Missouri; that you held Communist Party meetings; that in 1936 and 1941 you contributed articles to the Communist Publication `Social Work Today'; that in 1939, 1940 and 1941 you were a sponsor to raise funds for veterans of the Abraham Lincoln Brigade in calling on the President of the United States by a petition to defend the rights of the Communist Party and its members; that you contributed to the Civil Rights Congress bail fund to be used in raising bail on behalf of convicted Communist leaders in New York City; that *120 you were a member of the Hollywood Arts, Sciences and Professions Council and a contact of the Los Angeles Committee for Protection of Foreign Born and a contact of the Freedom Stage, Incorporated."
The Director advised Briehl of his right to a hearing but stated that whether or not a hearing was held, an affidavit concerning membership in the Communist Party would be necessary. Briehl asked for a hearing and one was held. At that hearing he raised three objections: (1) that his "political affiliations" were irrelevant to his right to a passport; (2) that "every American citizen has the right to travel regardless of politics"; and (3) that the burden was on the Department to prove illegal activities by Briehl. Briehl persisted in his refusal to supply the affidavit. Because of that refusal Briehl was advised that the Board of Passport Appeals could not under the Regulations entertain an appeal.

Briehl filed his complaint in the District Court which held that his case was indistinguishable from Kent's and dismissed the complaint.

The Court of Appeals heard the two cases en banc and affirmed the District Court by a divided vote. 101 U. S. App. D. C. 278, 239, 248 F.2d 600, 561. The cases are here on writ of certiorari. 355 U.S. 881.

The Court first noted the function that the passport performed in American law in the case of Urtetiqui v. D'Arbel, 9 Pet. 692, 699, decided in 1835:

"There is no law of the United States, in any manner regulating the issuing of passports, or directing upon what evidence it may be done, or declaring their legal effect. It is understood, as matter of practice, that some evidence of citizenship is required, by the secretary of state, before issuing a passport. This, however, is entirely discretionary *121 with him. No inquiry is instituted by him to ascertain the fact of citizenship, or any proceedings had, that will in any manner bear the character of a judicial inquiry. It is a document, which, from its nature and object, is addressed to foreign powers; purporting only to be a request, that the bearer of it may pass safely and freely; and is to be considered rather in the character of a political document, by which the bearer is recognized, in foreign countries, as an American citizen; and which, by usage and the law of nations, is received as evidence of the fact."
A passport not only is of great value—indeed necessary —abroad; it is also an aid in establishing citizenship for purposes of re-entry into the United States. See Browder v. United States, 312 U.S. 335, 339; 3 Moore, Digest of International Law (1906), § 512. But throughout most of our history—until indeed quite recently—a passport, though a great convenience in foreign travel, was not a legal requirement for leaving or entering the United States. See Jaffe, The Right to Travel: The Passport Problem, 35 Foreign Affairs 17. Apart from minor exceptions to be noted, it was first[3] made a requirement by § 215 of the Act of June 27, 1952, 66 Stat. 190, 8 U.S. C. § 1185, which states that, after a prescribed proclamation by the President, it is "unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United *122 States unless he bears a valid passport."[4] And the Proclamation necessary to make the restrictions of this Act applicable and in force has been made.[5]

Prior to 1952 there were numerous laws enacted by Congress regulating passports and many decisions, rulings, and regulations by the Executive Department concerning them. Thus in 1803 Congress made it unlawful for an official knowingly to issue a passport to an alien certifying that he is a citizen. 2 Stat. 205. In 1815, just prior to the termination of the War of 1812, it made it illegal for a citizen to "cross the frontier" into enemy *123 territory, to board vessels of the enemy on waters of the United States or to visit any of his camps within the limits of the United States, "without a passport first obtained" from the Secretary of State or other designated official. 3 Stat. 199-200. The Secretary of State took similar steps during the Civil War. See Dept. of State, The American Passport (1898), 50. In 1850 Congress ratified a treaty with Switzerland requiring passports from citizens of the two nations. 11 Stat. 587, 589-590. Finally in 1856 Congress enacted what remains today as our basic passport statute. Prior to that time various federal officials, state and local officials, and notaries public had undertaken to issue either certificates of citizenship or other documents in the nature of letters of introduction to foreign officials requesting treatment according to the usages of international law. By the Act of August 18, 1856, 11 Stat. 52, 60-61, 22 U.S. C. § 211a, Congress put an end to those practices.[6] This provision, as codified by the Act of July 3, 1926, 44 Stat., Part 2, 887, reads,

"The Secretary of State may grant and issue passports . . . under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports."
Thus for most of our history a passport was not a condition to entry or exit.

It is true that, at intervals, a passport has been required for travel. Mention has already been made of the restrictions imposed during the War of 1812 and during the Civil War. A like restriction, which was the forerunner of that contained in the 1952 Act, was imposed by Congress in 1918.

*124 The Act of May 22, 1918, 40 Stat. 559, made it unlawful, while a Presidential Proclamation was in force, for a citizen to leave or enter the United States "unless he bears a valid passport." See H. R. Rep. No. 485, 65th Cong., 2d Sess. That statute was invoked by Presidential Proclamation No. 1473 on August 8, 1918, 40 Stat. 1829, which continued in effect until March 3, 1921. 41 Stat. 1359.

The 1918 Act was effective only in wartime. It was amended in 1941 so that it could be invoked in the then-existing emergency. 55 Stat. 252. See S. Rep. No. 444, 77th Cong., 1st Sess. It was invoked by Presidential Proclamation No. 2523, November 14, 1941, 55 Stat. 1696. That emergency continued until April 28, 1952. Proc. No. 2974, 66 Stat. C31. Congress extended the statutory provisions until April 1, 1953. 66 Stat. 54, 57, 96, 137, 330, 333. It was during this extension period that the Secretary of State issued the Regulations here complained of.[7]

Under the 1926 Act and its predecessor a large body of precedents grew up which repeat over and again that the issuance of passports is "a discretionary act" on the part of the Secretary of State. The scholars,[8] the courts,[9] the Chief Executive,[10] and the Attorneys General,[11] all *125 so said. This long-continued executive construction should be enough, it is said, to warrant the inference that Congress had adopted it. See Allen v. Grand Central Aircraft Co., 347 U.S. 535, 544-545; United States v. Allen-Bradley Co., 352 U.S. 306, 310. But the key to that problem, as we shall see, is in the manner in which the Secretary's discretion was exercised, not in the bare fact that he had discretion.

The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment. So much is conceded by the Solicitor General. In Anglo-Saxon law that right was emerging at least as early as the Magna Carta.[12] Chafee, *126 Three Human Rights in the Constitution of 1787 (1956), 171-181, 187 et seq., shows how deeply engrained in our history this freedom of movement is. Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values. See Crandall v. Nevada, 6 Wall. 35, 44; Williams v. Fears, 179 U.S. 270, 274; Edwards v. California, 314 U.S. 160. "Our nation," wrote Chafee, "has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases." Id., at 197.

Freedom of movement also has large social values. As Chafee put it:

"Foreign correspondents and lecturers on public affairs need first-hand information. Scientists and scholars gain greatly from consultations with colleagues in other countries. Students equip themselves for more fruitful careers in the United States by instruction in foreign universities.[13] Then there are reasons close to the core of personal life—marriage, reuniting families, spending hours with old friends. Finally, travel abroad enables American citizens to understand that people like themselves live in Europe and helps them to be well-informed *127 on public issues. An American who has crossed the ocean is not obliged to form his opinions about our foreign policy merely from what he is told by officials of our government or by a few correspondents of American newspapers. Moreover, his views on domestic questions are enriched by seeing how foreigners are trying to solve similar problems. In many different ways direct contact with other countries contributes to sounder decisions at home." Id., at 195-196. And see Vestal, Freedom of Movement,  41 Iowa L. Rev. 6, 13-14.
Freedom to travel is, indeed, an important aspect of the citizen's "liberty." We need not decide the extent to which it can be curtailed. We are first concerned with the extent, if any, to which Congress has authorized its curtailment.

The difficulty is that while the power of the Secretary of State over the issuance of passports is expressed in broad terms, it was apparently long exercised quite narrowly. So far as material here, the cases of refusal of passports generally fell into two categories. First, questions pertinent to the citizenship of the applicant and his allegiance to the United States had to be resolved by the Secretary, for the command of Congress was that "No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States." 32 Stat. 386, 22 U.S. C. § 212. Second, was the question whether the applicant was participating in illegal conduct, trying to escape the toils of the law, promoting passport frauds, or otherwise engaging in conduct which would violate the laws of the United States. See 3 Moore, Digest of International Law (1906), § 512; 3 Hackworth, Digest of International Law (1942), § 268; 2 Hyde, International Law (2d rev. ed.), § 401.

*128 The grounds for refusal asserted here do not relate to citizenship or allegiance on the one hand or to criminal or unlawful conduct on the other. Yet, so far as relevant here, those two are the only ones which it could fairly be argued were adopted by Congress in light of prior administrative practice. One can find in the records of the State Department rulings of subordinates covering a wider range of activities than the two indicated. But as respects Communists these are scattered rulings and not consistently of one pattern. We can say with assurance that whatever may have been the practice after 1926, at the time the Act of July 3, 1926, was adopted, the administrative practice, so far as relevant here, had jelled only around the two categories mentioned. We, therefore, hesitate to impute to Congress, when in 1952 it made a passport necessary for foreign travel and left its issuance to the discretion of the Secretary of State, a purpose to give him unbridled discretion to grant or withhold a passport from a citizen for any substantive reason he may choose.

More restrictive regulations were applied in 1918 and in 1941 as war measures. We are not compelled to equate this present problem of statutory construction with problems that may arise under the war power. Cf. Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579.

In a case of comparable magnitude, Korematsu v. United States, 323 U.S. 214, 218, we allowed the Government in time of war to exclude citizens from their homes and restrict their freedom of movement only on a showing of "the gravest imminent danger to the public safety." There the Congress and the Chief Executive moved in coordinated action; and, as we said, the Nation was then at war. No such condition presently exists. No such showing of extremity, no such showing of joint action by the Chief Executive and the Congress to curtail a constitutional right of the citizen has been made here.

*129 Since we start with an exercise by an American citizen of an activity included in constitutional protection, we will not readily infer that Congress gave the Secretary of State unbridled discretion to grant or withhold it. If we were dealing with political questions entrusted to the Chief Executive by the Constitution we would have a different case. But there is more involved here. In part, of course, the issuance of the passport carries some implication of intention to extend the bearer diplomatic protection, though it does no more than "request all whom it may concern to permit safely and freely to pass, and in case of need to give all lawful aid and protection" to this citizen of the United States. But that function of the passport is subordinate. Its crucial function today is control over exit. And, as we have seen, the right of exit is a personal right included within the word "liberty" as used in the Fifth Amendment. If that "liberty" is to be regulated, it must be pursuant to the law-making functions of the Congress. Youngstown Sheet & Tube Co. v. Sawyer, supra. And if that power is delegated, the standards must be adequate to pass scrutiny by the accepted tests. See Panama Refining Co. v. Ryan, 293 U.S. 388, 420-430. Cf. Cantwell v. Connecticut, 310 U.S. 296, 307; Niemotko v. Maryland, 340 U.S. 268, 271. Where activities or enjoyment, natural and often necessary to the well-being of an American citizen, such as travel, are involved, we will construe narrowly all delegated powers that curtail or dilute them. See Ex parte Endo, 323 U.S. 283, 301-302. Cf. Hannegan v. Esquire, Inc., 327 U.S. 146, 156; United States v. Rumely, 345 U.S. 41, 46. We hesitate to find in this broad generalized power an authority to trench so heavily on the rights of the citizen.

Thus we do not reach the question of constitutionality. We only conclude that § 1185 and § 211a do not delegate to the Secretary the kind of authority exercised here. *130 We deal with beliefs, with associations, with ideological matters. We must remember that we are dealing here with citizens who have neither been accused of crimes nor found guilty. They are being denied their freedom of movement solely because of their refusal to be subjected to inquiry into their beliefs and associations. They do not seek to escape the law nor to violate it. They may or may not be Communists. But assuming they are, the only law which Congress has passed expressly curtailing the movement of Communists across our borders has not yet become effective.[14] It would therefore be strange to infer that pending the effectiveness of that law, the Secretary has been silently granted by Congress the larger, the more pervasive power to curtail in his discretion the free movement of citizens in order to satisfy himself about their beliefs or associations.

To repeat, we deal here with a constitutional right of the citizen, a right which we must assume Congress will be faithful to respect. We would be faced with important constitutional questions were we to hold that Congress by § 1185 and § 211a had given the Secretary authority to withhold passports to citizens because of their beliefs or associations. Congress has made no such provision in explicit terms; and absent one, the Secretary may not employ that standard to restrict the citizens' right of free movement.

Reversed.

MR. JUSTICE CLARK, with whom MR. JUSTICE BURTON, MR. JUSTICE HARLAN, and MR. JUSTICE WHITTAKER concur, dissenting.

On August 28, 1952, acting under authority vested by Executive Order No. 7856, 22 CFR § 51.77, the Secretary of State issued the regulations in question, § 51.142 of *131 which provides that a passport applicant may be required to make a statement under oath "with respect to present or past membership in the Communist Party." 22 CFR § 51.142. Since 1917, the Congress has required that every passport application "contain a true recital of each and every matter of fact which may be required by . . . any rules" of the Secretary of State, and that requirement must be satisfied "[b]efore a passport is issued to any person." 40 Stat. 227, 22 U.S. C. § 213. In the context of that background, the Secretary asked for, and petitioners refused to file, affidavits stating whether they then were or ever had been members of the Communist Party. Thereupon the Secretary refused to further consider petitioners' applications until such time as they filed the required affidavits.

The Secretary's action clearly must be held authorized by Congress if the requested information is relevant to any ground upon which the Secretary might properly refuse to issue a passport. The Court purports today to preclude the existence of such a ground by holding that the Secretary has not been authorized to deny a passport to a Communist whose travel abroad would be inimical to our national security.

In thus construing the authority of the Secretary, the Court recognizes that all during our history he has had discretion to grant or withhold passports. That power, first exercised without benefit of statute, was made the subject of specific legislative authority in 1856 when the Congress consolidated all power over passports in the hands of the Secretary. 11 Stat. 60-61. In 1874 the statutory language, "shall be authorized to grant and issue," was changed to "may grant and issue." 1874 R. S. § 4075. In slightly modified form, the Secretary's power has come through several re-enactments, e. g., 44 Stat., Part 1, p. 657 in 1926, to its present-day embodiment in 44 Stat., Part 2, p. 887, 22 U.S. C. § 211a.

*132 This discretionary authority, which we previously acknowledged in Perkins v. Elg, 307 U.S. 325, 349-350 (1939), was exercised both in times of peace and in periods of war. During war and other periods of national emergency, however, the importance of the Secretary's passport power was tremendously magnified by a succession of "travel-control statutes" making possession of a passport a legal necessity to leaving or entering this country. The first of these was enacted in 1815 just prior to the end of the War of 1812, when it was made illegal for any citizen to "cross the frontier" into enemy territory without a passport. 3 Stat. 199. After the same result was accomplished during the Civil War without congressional sanction, 3 Moore, Digest of International Law, 1015-1021, World War I prompted passage in 1918 of the second travel-control statute, 40 Stat. 559. The 1918 statute, directly antecedent to presently controlling legislation, provided that in time of war and upon public proclamation by the President that the public safety required additional travel restrictions, no citizen could depart from or enter into the country without a passport. Shortly thereafter, President Wilson made the required proclamation of public necessity, and provided that no citizen should be granted a passport unless it affirmatively appeared that his "departure or entry is not prejudicial to the interests of the United States." Proc. No. 1473, 40 Stat. 1829.

The legislative history of the 1918 Act sharply indicates that Congress meant the Secretary to deny passports to those whose travel abroad would be contrary to our national security. The Act came to the floor of the House of Representatives accompanied by the following explanation in the Report of the House Committee on Foreign Affairs, H. R. Rep. No. 485, 65th Cong., 2d Sess. 2-3:

"That some supervision of travel by American citizens is essential appeared from statements made *133 before the committee at the hearing upon the bill. One case was mentioned of a United States citizen who recently returned from Europe after having, to the knowledge of our Government, done work in a neutral country for the German Government. There was strong suspicion that he came to the United States for no proper purpose. Nevertheless not only was it impossible to exclude him but it would now be impossible to prevent him from leaving the country if he saw fit to do so. The known facts in his case are not sufficient to warrant the institution of a criminal prosecution, and in any event the difficulty of securing legal evidence from the place of his activities in Europe may easily be imagined.
.....
"It is essential to meet the situation that the Executive should have wide discretion and wide authority of action. No one can foresee the different means which may be adopted by hostile nations to secure military information or spread propaganda and discontent. It is obviously impracticable to appeal to Congress for further legislation in each new emergency. Swift Executive action is the only effective counterstroke.
"The committee was informed by representatives of the executive departments that the need for prompt legislation of the character suggested is most pressing. There have recently been numerous suspicious departures for Cuba which it was impossible to prevent. Other individual cases of entry and departure at various points have excited the greatest anxiety. This is particularly true in respect of the Mexican border, passage across which can not legally be restricted for many types of persons reasonably suspected of aiding Germany's purposes."
*134 During debate of the bill on the floor of the House, its House spokesman stated:

"The Government is now very much hampered by lack of authority to control the travel to and from this country, even of people suspected of not being loyal, and even of those whom they suspect of being in the employ of enemy governments." 56 Cong. Rec. 6029.
.....
"Our ports are open, so far as the law is concerned, to alien friends, citizens, and neutrals, to come and go at will and pleasure, and that notwithstanding the Government may suspect the conduct and the intention of the individuals who come and go." Id. at 6065.
His counterpart in the Senate stated in debate:

"The chief object of the bill is to correct a very serious trouble which the Department of State, the Department of Justice, and the Department of Labor are having with aliens and alien enemies and renegade American citizens, I am sorry to say, entering the United States from nests they have in Cuba and over the Mexican border. They can now enter and depart without any power of the departments or of the Government to intercept or delay them. There is no law that covers this case. It is believed that all the information which goes to Germany of the war preparations of the United States and of the transportation of troops to France passes through Mexico. The Government is having a great deal of trouble along that border. It is an everyday occurrence, and the emergency of this measure is very great. The bill is supplementary to the espionage *135 laws and necessary for their efficient execution in detecting and punishing German spies." 56 Cong. Rec. 6192.
The implication is unmistakable that the Secretary was intended to exercise his traditional passport function in such a manner as would effectively add to the protection of this country's internal security.

That the Secretary so understood and so exercised his passport power in this period is evident from two State Department documents in 1920. A memorandum of the Under Secretary of State, dated November 30, 1920, declared, "Any assistance in the way of passport facilities, which this Government may render to a person who is working either directly or indirectly in behalf of the Soviet Government is a help to the Soviet Government. . . ." Memorandum Re Applicants for Passports Who are Bolshevists or Who are Connected with Bolshevist Government, Code No. 5000. Accordingly, it was recommended that passports be refused any person "who counsels or advocates publicly or privately the overthrow [of] organized Governments by force." Id. Among the examples stated were "[m]embers of the Communist Party." Id. Two weeks later, the State Department published office instructions, dated December 16, 1920, to our embassies throughout the world, implementing Code No. 5000 by prohibiting issuance of passports to "anarchists" and "revolutionary radicals." Expressly included among the proscribed classes of citizens were those who "believe in or advocate the overthrow by force or violence of the Government of the United States," as well as all those who "are members of or are affiliated with any organization" that believes in or advocates such overthrow.

By its terms a war statute, the 1918 Act expired in March 1921, see 41 Stat. 1359, after which no more travel *136 controls existed until 1941. In that year, Congress amended the 1918 Act so as to provide the same controls during the national emergency proclaimed by the President on May 27, 1941, should the President find and publicly proclaim that the interest of the United States required that such restrictions be reimposed. 55 Stat. 252. Shortly thereafter, President Roosevelt invoked this authority, 55 Stat. 1696, and implementing regulations were issued by the State Department. 22 CFR § 53. The legislative history of the 1941 amendment is as clear as that of the 1918 Act: the purpose of the legislation was to so use the passport power of the Secretary as to block travel to and from the country by those persons whose passage would not be in the best interests and security of the United States. The Report of the Senate Committee on the Judiciary, S. Rep. No. 444, 77th Cong., 1st Sess. 1-2, declared:

"Since the outbreak of the present war it has come to the attention of the Department of State and of other executive departments that there are many persons in and outside of the United States who are directly engaged in espionage and subversive activities in the interests of foreign governments, and others who are engaged in activities inimical to the best interests of the United States, who desire to travel from time to time between the United States and foreign countries in connection with their activities . . . ."
During debate on the House floor, the "sole purpose" of the bill was stated to be establishment of "a sort of clearing house," where those persons wishing to enter or leave the country "would have to give their reasons why they were going or coming, and where it would be determined whether . . . their coming in or going out would be inimical to the interests of the United States." 87 *137 Cong. Rec. 5052. See also 87 Cong. Rec. 5048-5053, 5386-5388. The carrying out of this legislative purpose resulted in a "complete change in emphasis of the work of the Division from that of an agency to afford protection to the individual to that of one whose principal purpose was to safeguard and maintain the security of the state." 12 Dept. State Bull. 1070. That transformation involved "the clearance upon a basis of security for the state of the entry and departure of hundreds of thousands of persons into and from the United States." Id. (Emphasis added.)

While the national emergency to which the 1941 amendment related was officially declared at an end on April 28, 1952, Proc. No. 2974, 66 Stat. C31, Congress continued the provisions of the Act in effect until April 1, 1953. 66 Stat. 54. In that interim period, Congress passed the Immigration and Nationality Act of 1952, which both repealed the 1918 Act as amended in 1941, 66 Stat. 279, and re-enacted it as § 215 of the 1952 Act, amending it only to the extent that its provisions would be subject to invocation "during the existence of any national emergency proclaimed by the President." 66 Stat. 190. There is practically no legislative history on this incorporation of the 1918 statute in the 1952 Act apart from a comment in the House Report that the provisions of § 215 are "incorporated in the bill . . . in practically the same form as they now appear in the act of May 22, 1918." H. R. Rep. No. 1365, 82d Cong., 2d Sess. 53. For that reason, the legislative history of the 1918 Act and the 1941 amendment, which I have set out at some detail, is doubly important in ascertaining the intent of the Congress as to the authority of the Secretary to deny passports under § 215 of the 1952 Act. Cf. United States v. Plesha, 352 U.S. 202, 205 (1957).

At the time of the 1952 Act, a national emergency proclaimed by President Truman on December 16, 1950, in *138 response to the Korean conflict, was—and still is today— in existence. Proc. No. 2914, 64 Stat. A454. In reliance on that, the President invoked the travel restrictions of § 215 on January 17, 1953. Proc. No. 3004, 67 Stat. C31. The proclamation by which this was done carefully pointed out that none of its provisions should be interpreted as revoking any regulation "heretofore issued relating to the departure of persons from, or their entry into, the United States." Id. Among the regulations theretofore issued were those now attacked relating to the issuance of passports to Communists, for they had been promulgated to be effective on August 28, 1952, shortly after passage of the 1952 Act. 17 Fed. Reg. 8013.

Congress, by virtue of § 215 of the 1952 Act, has approved whatever use of his discretion the Secretary had made prior to the June 1952 date of that legislation.[1] That conclusion necessarily follows from the fact that § 215 continued to make legal exit or entry turn on possession of a passport, without in any way limiting the discretionary passport power theretofore exercised by the Secretary. See United States v. Allen-Bradley Co., 352 U.S. 306, 310-311 (1957); Allen v. Grand Central Aircraft Co., 347 U.S. 535, 544-545 (1954); United States v. Cerecedo Hermanos y Compania, 209 U.S. 337, 339 (1908). But the Court then determines (1) that the Secretary's denial of passports in peacetime extended to only two categories of cases, those involving allegiance and those involving criminal activity, and (2) that the Secretary's *139 wartime exercise of his discretion, while admittedly more restrictive, has no relevance to the practice which Congress can be said to have approved in 1952. Since the present denials do not involve grounds either of allegiance or criminal activity, the Court concludes that they were beyond the pale of congressional authorization. Both of the propositions set out above are vital to the Court's final conclusion. Neither of them has any validity: the first is contrary to fact, and the second to common sense.

The peacetime practice of the State Department indisputably involved denial of passports for reasons of national security. The Report of the Commission on Government Security (1957), 470-473, summarizes the Department's policy on granting passports to Communists by excerpts from State Department documents. Shortly after the 1917 Russian Revolution, the Department "became aware of the scope and danger of the worldwide revolutionary movement and the attendant purpose to overthrow all existing governments, including our own." Thereafter "passports were refused to American Communists who desired to go abroad for indoctrination, instruction, etc. This policy was continued until 1931 . . . ." (Emphasis added.) From 1931 "until World War II no persons were refused passports because they were Communists." After World War II, "[a]t first passports were refused," but upon reconsideration of the matter in 1948, "the decision was made that passports would be issued to Communists and supporters of communism who satisfied the Department that they did not intend, while abroad, to engage in the promotion of Communist activities." At the same time, however, it was decided that "passports should be refused to persons whose purpose in traveling abroad was believed to be to subvert the interest of the United States." Later in 1948 the policy was changed to give Communist journalists passports even though they were "actively *140 promoting the Communist cause." Nearly two years later, in September 1950, the latter leniency was reversed, after it was pointed out "that the Internal Security Act of 1950 clearly showed the desire of Congress that no Communists should be issued passports of this Government."[2] The matter was referred to the Department's Legal Adviser, "who agreed that it was the duty of the State Department to refuse passports to all Communists, including journalists."

Other evidence of peacetime denials for security reasons is more scattered, but nevertheless existent. Much of it centers around opposition to the Internal Security Act of 1950, for one of the stated aims of that legislation was denial of passports to Communists. The minority report of the Senate Committee on the Judiciary objected, "But this can be done under the existing discretionary powers of the Secretary of State . . . as evidenced by the recent denial or cancellation of a passport to Paul Robeson." S. Rep. No. 2369, Part 2, 81st Cong., 2d Sess. 10. President Truman, in vetoing that Act, stated: "It is claimed that this bill would deny passports to Communists. The fact is that the Government can and does deny passports to Communists under existing law." 96 Cong. Rec. 15631.[3]

In 1869 Attorney General Hoar advised the Secretary of State that good reason existed for the passport power being discretionary in nature, for it might sometimes be "most inexpedient for the public interests for this country to grant a passport to a citizen of the United States." *141 23 Op. Atty. Gen. 509, 511. As an example he referred to the case of "an avowed anarchist," for if such person were to seek a passport, "the public interests might require that his application be denied." Ibid. See also, 13 Op. Atty. Gen. 89, 92.

Orders promulgated by the Passport Office periodically have required denial of passports to "political adventurers" and "revolutionary radicals," the latter phrase being defined to include "those who wish to go abroad to take part in the political or military affairs of foreign countries in ways which would be contrary to the policy or inimical to the welfare of the United States." See, shortly after the end of World War I, Passport Office Instructions of May 4, 1921; in 1937, Passport Office Instructions of July 30, 1937; in 1948, Foreign Service Regulations of July 9, 1948.

An even more serious error of the Court is its determination that the Secretary's wartime use of his discretion is wholly irrelevant in determining what discretionary practices were approved by Congress in enactment of § 215. In a wholly realistic sense there is no peace today, and there was no peace in 1952. At both times the state of national emergency declared by the President in 1950, wherein he stated that "world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world" and that "the increasing menace of the forces of communist aggression requires that the national defense of the United States be strengthened as speedily as possible," was in full effect. Proc. No. 2914, 64 Stat. A454. It is not a case, then, of judging what may be done in peace by what has been done in war. Professor Jaffe has aptly exposed the fallacy upon which the majority proceeds:

"The criterion here is the defense of the country from external enemies. It is asserted that the precedents of `war' have no relevance to `peace.' But the *142 critical consideration is defense against an external enemy; and communication abroad between our citizens and the enemy cannot by its nature be controlled by the usual criminal process. The facts in a particular case as to the citizen's intention are inevitably speculative: all is to be done after the bird has flown. Now our Congress and the Administration have concluded that the Communist International is a foreign and domestic enemy. We deal with its domestic aspect by criminal process; we would seem justified in dealing with its external aspect by exit control. If an avowed Communist is going abroad, it may be assumed that he will take counsel there with his fellows, will arrange for the steady and dependable flow of cash and information, and do his bit to promote the purposes of the `conspiracy.' " Jaffe, The Right to Travel: The Passport Problem, 35 Foreign Affairs 17, 26.
Were this a time of peace, there might very well be no problem for us to decide, since petitioners then would not need a passport to leave the country. The very structure of § 215 is such that either war or national emergency is prerequisite to imposition of its restrictions.

Indeed, rather than being irrelevant, the wartime practice may be the only relevant one, for the discretion with which we are concerned is a discretionary control over international travel. Yet only in times of war and national emergency has a passport been required to leave or enter this country, and hence only in such times has passport power necessarily meant power to control travel.[4]

*143 Finally, while distinguishing away the Secretary's passport denials in wartime, the majority makes no attempt to distinguish the Secretary's practice during periods when there has been no official state of war but when nevertheless a presidential proclamation of national emergency has been in effect, the very situation which has prevailed since the end of World War II. Throughout that time, as I have pointed out, the Secretary refused passports to those "whose purpose in traveling abroad was believed to be to subvert the interest of the United States." Report of the Commission on Government Security, supra. Numerous specific instances of passport denials on security grounds during the years 1947-1951 were reported in a February 1952 law review article, nearly half a year prior to passage of § 215. Note, Passport Refusals for Political Reasons, 61 Yale L. J. 171.

On this multiple basis, then, I am constrained to disagree with the majority as to the authority of the Secretary to deny petitioners' applications for passports. The majority's resolution of the authority question prevents it from reaching the constitutional issues raised by petitioners, relating to claimed unlawful delegation of legislative power, violation of free speech and association under the First Amendment, and violation of international travel under the Fifth Amendment. In view of that, it would be inappropriate for me, as a dissenter, to consider those questions at this time. Cf. Peters v. Hobby, 349 U.S. 331, 353-357 (1955). Accordingly, I would affirm on the issue of the Secretary's authority to require the affidavits involved in this case, without reaching any constitutional questions.

NOTES

[1] 22 CFR § 51.135 provides:

"In order to promote the national interest by assuring that persons who support the world Communist movement of which the Communist Party is an integral unit may not, through use of United States passports, further the purposes of that movement, no passport, except one limited for direct and immediate return to the United States, shall be issued to:

"(a) Persons who are members of the Communist Party or who have recently terminated such membership under such circumstances as to warrant the conclusion—not otherwise rebutted by the evidence —that they continue to act in furtherance of the interests and under the discipline of the Communist Party;

"(b) Persons, regardless of the formal state of their affiliation with the Communist Party, who engage in activities which support the Communist movement under such circumstances as to warrant the conclusion—not otherwise rebutted by the evidence—that they have engaged in such activities as a result of direction, domination, or control exercised over them by the Communist movement;

"(c) Persons, regardless of the formal state of their affiliation with the Communist Party, as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities which will advance the Communist movement for the purpose, knowingly and wilfully of advancing that movement."

[2] Section 51.142 of the Regulations provides:

"At any stage of the proceedings in the Passport Division or before the Board, if it is deemed necessary, the applicant may be required, as a part of his application, to subscribe, under oath or affirmation, to a statement with respect to present or past membership in the Communist Party. If applicant states that he is a Communist, refusal of a passport in his case will be without further proceedings."

[3] Sections 2 and 6 of the Act of September 23, 1950, known as the Internal Security Act of 1950, 64 Stat. 987, 993, 50 U.S. C. §§ 781, 785, provide that it shall be unlawful, when a Communist organization is registered under the Act or when "there is in effect a final order of the Board requiring an organization to register," for any member having knowledge of such registry and order to apply for a passport or for any official to issue him one. But the conditions precedent have not yet materialized.

[4] That section provides in relevant part:

"(a) When the United States is at war or during the existence of any national emergency proclaimed by the President, . . . and the President shall find that the interests of the United States require that restrictions and prohibitions in addition to those provided otherwise than by this section be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation thereof, it shall, until otherwise ordered by the President or the Congress, be unlawful—

"(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;

.....

"(3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;

.....

"(b) After such proclamation as is provided for in subsection (a) has been made and published and while such proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the President may authorize and prescribe, be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid passport."

[5] Proc. No. 3004, 67 Stat. C31.

[6] See 9 Op. Atty. Gen. 350, 352.

[7] Dept. Reg. No. 108.162, effective August 28, 1952, 17 Fed. Reg. 8013.

[8] See 2 Hyde, International Law (2d rev. ed. 1945), § 399; 3 Hackworth, Digest of International Law (1942), § 268.

[9] See Perkins v. Elg, 307 U.S. 325, 350.

[10] Exec. Order No. 654, June 13, 1907; id., No. 2119-A, Jan. 12, 1915; id., No. 2286-A, Dec. 17, 1915; id., No. 2362-A, Apr. 17, 1916; id., No. 2519-A, Jan. 24, 1917; id., No. 4382-A, Feb. 12, 1926; id., No. 4800, Jan. 31, 1928; id., No. 5860, June 22, 1932; id., No. 7856, Mar. 31, 1938, 3 Fed. Reg. 681, 22 CFR § 51.75. The present provision is that last listed and reads in part as follows:

"The Secretary of State is authorized in his discretion to refuse to issue a passport, to restrict a passport for use only in certain countries, to restrict it against use in certain countries, to withdraw or cancel a passport already issued, and to withdraw a passport for the purpose of restricting its validity or use in certain countries."

The Department, however, did not feel that the Secretary of State could exercise his discretion willfully without cause. Acting Secretary Wilson wrote on April 27, 1907, "The issuance of passports is a discretionary act on the part of the Secretary of State, and he may, for reasons deemed by him to be sufficient, direct the refusal of a passport to an American citizen; but a passport is not to be refused to an American citizen, even if his character is doubtful, unless there is reason to believe that he will put the passports to an improper or unlawful use." Foreign Relations of the United States, Pt. II (1910), 1083. See 3 Moore, Digest of International Law (1906), § 512. Freund, Administrative Powers over Persons and Property (1928), 97, states ". . . in practice it is clear that the Department of State acts upon the theory that it must grant the passport unless there is some circumstance making it a duty to refuse it. Any other attitude would indeed be intolerable; it would mean an executive power of a political character over individuals quite out of harmony with traditional American legislative practice."

[11] 13 Op. Atty. Gen. 89, 92; 23 Op. Atty. Gen. 509, 511.

[12] Article 42 reads as follows:

"It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above." And see Jaffe, op. cit. supra, 19-20; Sibley, The Passport System, 7 J. Soc. Comp. Leg. (N. S.) 26, 32-33; 1 Blackstone Commentaries 134-135.

[13] The use of foreign travel to promote educational interests is reviewed by Francis J. Colligan in 30 Dept. State Bull. 663.

[14] See note 3, supra.

[1] This is not seriously disputed by the majority. However, reference is made to a reluctance to interpret broadly the practice of the Secretary approved by Congress in the 1952 Act because the denial of passports on security grounds had not "jelled" at the time of the 1926 Act. But that overlooks (1) that it is congressional intent in the 1952 statute, not the 1926 statute, to which we look, and (2) that there is abundant evidence, set out in this opinion, of security denials before as well as after 1926.

[2] For a comprehensive story of Communism in America indicating the necessity for passport control, see Hoover, Masters of Deceit (1958).

[3] To the same effect see the statement of Senator Kilgore during Senate debate on the Act, 96 Cong. Rec. 14538, and an amendment offered to the Act in both the House, 96 Cong. Rec. 13756, and Senate, 96 Cong. Rec. 14599.

[4] Peacetime exercise of the passport power may still be relevant from another point of view, namely, if other countries hinge entry on possession of a passport, the right of international travel of a United States citizen who cannot secure a passport will thereby be curtailed. For though he can get out of this country, he cannot get into another.

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text: C

text: F

text: d

text: The

text: cases

text: are

text: here

text: on

text: writ

text: of

text: certiorari

text: U

text: S

text: The

text: Court

text: first

text: noted

text: the

text: function

text: that

text: the

text: passport

text: performed

text: in

text: American

text: law

text: in

text: the

text: case

text: of

text: Urtetiqui

text: v

text: D

text: Arbel

text: Pet

text: decided

text: in

text: There

text: is

text: no

text: law

text: of

text: the

text: United

text: States

text: in

text: any

text: manner

text: regulating

text: the

text: issuing

text: of

text: passports

text: or

text: directing

text: upon

text: what

text: evidence

text: it

text: may

text: be

text: done

text: or

text: declaring

text: their

text: legal

text: effect

text: It

text: is

text: understood

text: as

text: matter

text: of

text: practice

text: that

text: some

text: evidence

text: of

text: citizenship

text: is

text: required

text: by

text: the

text: secretary

text: of

text: state

text: before

text: issuing

text: a

text: passport

text: This

text: however

text: is

text: entirely

text: discretionary

text: with

text: him

text: No

text: inquiry

text: is

text: instituted

text: by

text: him

text: to

text: ascertain

text: the

text: fact

text: of

text: citizenship

text: or

text: any

text: proceedings

text: had

text: that

text: will

text: in

text: any

text: manner

text: bear

text: the

text: character

text: of

text: a

text: judicial

text: inquiry

text: It

text: is

text: a

text: document

text: which

text: from

text: its

text: nature

text: and

text: object

text: is

text: addressed

text: to

text: foreign

text: powers

text: purporting

text: only

text: to

text: be

text: a

text: request

text: that

text: the

text: bearer

text: of

text: it

text: may

text: pass

text: safely

text: and

text: freely

text: and

text: is

text: to

text: be

text: considered

text: rather

text: in

text: the

text: character

text: of

text: a

text: political

text: document

text: by

text: which

text: the

text: bearer

text: is

text: recognized

text: in

text: foreign

text: countries

text: as

text: an

text: American

text: citizen

text: and

text: which

text: by

text: usage

text: and

text: the

text: law

text: of

text: nations

text: is

text: received

text: as

text: evidence

text: of

text: the

text: fact

text: A

text: passport

text: not

text: only

text: is

text: of

text: great

text: value

text: indeed

text: necessary

text: abroad

text: it

text: is

text: also

text: an

text: aid

text: in

text: establishing

text: citizenship

text: for

text: purposes

text: of

text: re

text: entry

text: into

text: the

text: United

text: States

text: See

text: Browder

text: v

text: United

text: States

text: U

text: S

text: Moore

text: Digest

text: of

text: International

text: Law

text: But

text: throughout

text: most

text: of

text: our

text: history

text: until

text: indeed

text: quite

text: recently

text: a

text: passport

text: though

text: a

text: great

text: convenience

text: in

text: foreign

text: travel

text: was

text: not

text: a

text: legal

text: requirement

text: for

text: leaving

text: or

text: entering

text: the

text: United

text: States

text: See

text: Jaffe

text: The

text: Right

text: to

text: Travel

text: The

text: Passport

text: Problem

text: Foreign

text: Affairs

text: Apart

text: from

text: minor

text: exceptions

text: to

text: be

text: noted

text: it

text: was

text: first

text: made

text: a

text: requirement

text: by

text: of

text: the

text: Act

text: of

text: June

text: Stat

text: U

text: S

text: C

text: which

text: states

text: that

text: after

text: a

text: prescribed

text: proclamation

text: by

text: the

text: President

text: it

text: is

text: unlawful

text: for

text: any

text: citizen

text: of

text: the

text: United

text: States

text: to

text: depart

text: from

text: or

text: enter

text: or

text: attempt

text: to

text: depart

text: from

text: or

text: enter

text: the

text: United

text: States

text: unless

text: he

text: bears

text: a

text: valid

text: passport

text: And

text: the

text: Proclamation

text: necessary

text: to

text: make

text: the

text: restrictions

text: of

text: this

text: Act

text: applicable

text: and

text: in

text: force

text: has

text: been

text: made

text: Prior

text: to

text: there

text: were

text: numerous

text: laws

text: enacted

text: by

text: Congress

text: regulating

text: passports

text: and

text: many

text: decisions

text: rulings

text: and

text: regulations

text: by

text: the

text: Executive

text: Department

text: concerning

text: them

text: Thus

text: in

text: Congress

text: made

text: it

text: unlawful

text: for

text: an

text: official

text: knowingly

text: to

text: issue

text: a

text: passport

text: to

text: an

text: alien

text: certifying

text: that

text: he

text: is

text: a

text: citizen

text: Stat

text: In

text: just

text: prior

text: to

text: the

text: termination

text: of

text: the

text: War

text: of

text: it

text: made

text: it

text: illegal

text: for

text: a

text: citizen

text: to

text: cross

text: the

text: frontier

text: into

text: enemy

text: territory

text: to

text: board

text: vessels

text: of

text: the

text: enemy

text: on

text: waters

text: of

text: the

text: United

text: States

text: or

text: to

text: visit

text: any

text: of

text: his

text: camps

text: within

text: the

text: limits

text: of

text: the

text: United

text: States

text: without

text: a

text: passport

text: first

text: obtained

text: from

text: the

text: Secretary

text: of

text: State

text: or

text: other

text: designated

text: official

text: Stat

text: The

text: Secretary

text: of

text: State

text: took

text: similar

text: steps

text: during

text: the

text: Civil

text: War

text: See

text: Dept

text: of

text: State

text: The

text: American

text: Passport

text: In

text: Congress

text: ratified

text: a

text: treaty

text: with

text: Switzerland

text: requiring

text: passports

text: from

text: citizens

text: of

text: the

text: two

text: nations

text: Stat

text: Finally

text: in

text: Congress

text: enacted

text: what

text: remains

text: today

text: as

text: our

text: basic

text: passport

text: statute

text: Prior

text: to

text: that

text: time

text: various

text: federal

text: officials

text: state

text: and

text: local

text: officials

text: and

text: notaries

text: public

text: had

text: undertaken

text: to

text: issue

text: either

text: certificates

text: of

text: citizenship

text: or

text: other

text: documents

text: in

text: the

text: nature

text: of

text: letters

text: of

text: introduction

text: to

text: foreign

text: officials

text: requesting

text: treatment

text: according

text: to

text: the

text: usages

text: of

text: international

text: law

text: By

text: the

text: Act

text: of

text: August

text: Stat

text: U

text: S

text: C

text: a

text: Congress

text: put

text: an

text: end

text: to

text: those

text: practices

text: This

text: provision

text: as

text: codified

text: by

text: the

text: Act

text: of

text: July

text: Stat

text: Part

text: reads

text: The

text: Secretary

text: of

text: State

text: may

text: grant

text: and

text: issue

text: passports

text: under

text: such

text: rules

text: as

text: the

text: President

text: shall

text: designate

text: and

text: prescribe

text: for

text: and

text: on

text: behalf

text: of

text: the

text: United

text: States

text: and

text: no

text: other

text: person

text: shall

text: grant

text: issue

text: or

text: verify

text: such

text: passports

text: Thus

text: for

text: most

text: of

text: our

text: history

text: a

text: passport

text: was

text: not

text: a

text: condition

text: to

text: entry

text: or

text: exit

text: It

text: is

text: true

text: that

text: at

text: intervals

text: a

text: passport

text: has

text: been

text: required

text: for

text: travel

text: Mention

text: has

text: already

text: been

text: made

text: of

text: the

text: restrictions

text: imposed

text: during

text: the

text: War

text: of

text: and

text: during

text: the

text: Civil

text: War

text: A

text: like

text: restriction

text: which

text: was

text: the

text: forerunner

text: of

text: that

text: contained

text: in

text: the

text: Act

text: was

text: imposed

text: by

text: Congress

text: in

text: The

text: Act

text: of

text: May

text: Stat

text: made

text: it

text: unlawful

text: while

text: a

text: Presidential

text: Proclamation

text: was

text: in

text: force

text: for

text: a

text: citizen

text: to

text: leave

text: or

text: enter

text: the

text: United

text: States

text: unless

text: he

text: bears

text: a

text: valid

text: passport

text: See

text: H

text: R

text: Rep

text: No

text: th

text: Cong

text: d

text: Sess

text: That

text: statute

text: was

text: invoked

text: by

text: Presidential

text: Proclamation

text: No

text: on

text: August

text: Stat

text: which

text: continued

text: in

text: effect

text: until

text: March

text: Stat

text: The

text: Act

text: was

text: effective

text: only

text: in

text: wartime

text: It

text: was

text: amended

text: in

text: so

text: that

text: it

text: could

text: be

text: invoked

text: in

text: the

text: then

text: existing

text: emergency

text: Stat

text: See

text: S

text: Rep

text: No

text: th

text: Cong

text: st

text: Sess

text: It

text: was

text: invoked

text: by

text: Presidential

text: Proclamation

text: No

text: November

text: Stat

text: That

text: emergency

text: continued

text: until

text: April

text: Proc

text: No

text: Stat

text: C

text: Congress

text: extended

text: the

text: statutory

text: provisions

text: until

text: April

text: Stat

text: It

text: was

text: during

text: this

text: extension

text: period

text: that

text: the

text: Secretary

text: of

text: State

text: issued

text: the

text: Regulations

text: here

text: complained

text: of

text: Under

text: the

text: Act

text: and

text: its

text: predecessor

text: a

text: large

text: body

text: of

text: precedents

text: grew

text: up

text: which

text: repeat

text: over

text: and

text: again

text: that

text: the

text: issuance

text: of

text: passports

text: is

text: a

text: discretionary

text: act

text: on

text: the

text: part

text: of

text: the

text: Secretary

text: of

text: State

text: The

text: scholars

text: the

text: courts

text: the

text: Chief

text: Executive

text: and

text: the

text: Attorneys

text: General

text: all

text: so

text: said

text: This

text: long

text: continued

text: executive

text: construction

text: should

text: be

text: enough

text: it

text: is

text: said

text: to

text: warrant

text: the

text: inference

text: that

text: Congress

text: had

text: adopted

text: it

text: See

text: Allen

text: v

text: Grand

text: Central

text: Aircraft

text: Co

text: U

text: S

text: United

text: States

text: v

text: Allen

text: Bradley

text: Co

text: U

text: S

text: But

text: the

text: key

text: to

text: that

text: problem

text: as

text: we

text: shall

text: see

text: is

text: in

text: the

text: manner

text: in

text: which

text: the

text: Secretary

text: s

text: discretion

text: was

text: exercised

text: not

text: in

text: the

text: bare

text: fact

text: that

text: he

text: had

text: discretion

text: The

text: right

text: to

text: travel

text: is

text: a

text: part

text: of

text: the

text: liberty

text: of

text: which

text: the

text: citizen

text: cannot

text: be

text: deprived

text: without

text: due

text: process

text: of

text: law

text: under

text: the

text: Fifth

text: Amendment

text: So

text: much

text: is

text: conceded

text: by

text: the

text: Solicitor

text: General

text: In

text: Anglo

text: Saxon

text: law

text: that

text: right

text: was

text: emerging

text: at

text: least

text: as

text: early

text: as

text: the

text: Magna

text: Carta

text: Chafee

text: Three

text: Human

text: Rights

text: in

text: the

text: Constitution

text: of

text: et

text: seq

text: shows

text: how

text: deeply

text: engrained

text: in

text: our

text: history

text: this

text: freedom

text: of

text: movement

text: is

text: Freedom

text: of

text: movement

text: across

text: frontiers

text: in

text: either

text: direction

text: and

text: inside

text: frontiers

text: as

text: well

text: was

text: a

text: part

text: of

text: our

text: heritage

text: Travel

text: abroad

text: like

text: travel

text: within

text: the

text: country

text: may

text: be

text: necessary

text: for

text: a

text: livelihood

text: It

text: may

text: be

text: as

text: close

text: to

text: the

text: heart

text: of

text: the

text: individual

text: as

text: the

text: choice

text: of

text: what

text: he

text: eats

text: or

text: wears

text: or

text: reads

text: Freedom

text: of

text: movement

text: is

text: basic

text: in

text: our

text: scheme

text: of

text: values

text: See

text: Crandall

text: v

text: Nevada

text: Wall

text: Williams

text: v

text: Fears

text: U

text: S

text: Edwards

text: v

text: California

text: U

text: S

text: Our

text: nation

text: wrote

text: Chafee

text: has

text: thrived

text: on

text: the

text: principle

text: that

text: outside

text: areas

text: of

text: plainly

text: harmful

text: conduct

text: every

text: American

text: is

text: left

text: to

text: shape

text: his

text: own

text: life

text: as

text: he

text: thinks

text: best

text: do

text: what

text: he

text: pleases

text: go

text: where

text: he

text: pleases

text: Id

text: at

text: Freedom

text: of

text: movement

text: also

text: has

text: large

text: social

text: values

text: As

text: Chafee

text: put

text: it

text: Foreign

text: correspondents

text: and

text: lecturers

text: on

text: public

text: affairs

text: need

text: first

text: hand

text: information

text: Scientists

text: and

text: scholars

text: gain

text: greatly

text: from

text: consultations

text: with

text: colleagues

text: in

text: other

text: countries

text: Students

text: equip

text: themselves

text: for

text: more

text: fruitful

text: careers

text: in

text: the

text: United

text: States

text: by

text: instruction

text: in

text: foreign

text: universities

text: Then

text: there

text: are

text: reasons

text: close

text: to

text: the

text: core

text: of

text: personal

text: life

text: marriage

text: reuniting

text: families

text: spending

text: hours

text: with

text: old

text: friends

text: Finally

text: travel

text: abroad

text: enables

text: American

text: citizens

text: to

text: understand

text: that

text: people

text: like

text: themselves

text: live

text: in

text: Europe

text: and

text: helps

text: them

text: to

text: be

text: well

text: informed

text: on

text: public

text: issues

text: An

text: American

text: who

text: has

text: crossed

text: the

text: ocean

text: is

text: not

text: obliged

text: to

text: form

text: his

text: opinions

text: about

text: our

text: foreign

text: policy

text: merely

text: from

text: what

text: he

text: is

text: told

text: by

text: officials

text: of

text: our

text: government

text: or

text: by

text: a

text: few

text: correspondents

text: of

text: American

text: newspapers

text: Moreover

text: his

text: views

text: on

text: domestic

text: questions

text: are

text: enriched

text: by

text: seeing

text: how

text: foreigners

text: are

text: trying

text: to

text: solve

text: similar

text: problems

text: In

text: many

text: different

text: ways

text: direct

text: contact

text: with

text: other

text: countries

text: contributes

text: to

text: sounder

text: decisions

text: at

text: home

text: Id

text: at

text: And

text: see

text: Vestal

text: Freedom

text: of

text: Movement

text: Iowa

text: L

text: Rev

text: Freedom

text: to

text: travel

text: is

text: indeed

text: an

text: important

text: aspect

text: of

text: the

text: citizen

text: s

text: liberty

text: We

text: need

text: not

text: decide

text: the

text: extent

text: to

text: which

text: it

text: can

text: be

text: curtailed

text: We

text: are

text: first

text: concerned

text: with

text: the

text: extent

text: if

text: any

text: to

text: which

text: Congress

text: has

text: authorized

text: its

text: curtailment

text: The

text: difficulty

text: is

text: that

text: while

text: the

text: power

text: of

text: the

text: Secretary

text: of

text: State

text: over

text: the

text: issuance

text: of

text: passports

text: is

text: expressed

text: in

text: broad

text: terms

text: it

text: was

text: apparently

text: long

text: exercised

text: quite

text: narrowly

text: So

text: far

text: as

text: material

text: here

text: the

text: cases

text: of

text: refusal

text: of

text: passports

text: generally

text: fell

text: into

text: two

text: categories

text: First

text: questions

text: pertinent

text: to

text: the

text: citizenship

text: of

text: the

text: applicant

text: and

text: his

text: allegiance

text: to

text: the

text: United

text: States

text: had

text: to

text: be

text: resolved

text: by

text: the

text: Secretary

text: for

text: the

text: command

text: of

text: Congress

text: was

text: that

text: No

text: passport

text: shall

text: be

text: granted

text: or

text: issued

text: to

text: or

text: verified

text: for

text: any

text: other

text: persons

text: than

text: those

text: owing

text: allegiance

text: whether

text: citizens

text: or

text: not

text: to

text: the

text: United

text: States

text: Stat

text: U

text: S

text: C

text: Second

text: was

text: the

text: question

text: whether

text: the

text: applicant

text: was

text: participating

text: in

text: illegal

text: conduct

text: trying

text: to

text: escape

text: the

text: toils

text: of

text: the

text: law

text: promoting

text: passport

text: frauds

text: or

text: otherwise

text: engaging

text: in

text: conduct

text: which

text: would

text: violate

text: the

text: laws

text: of

text: the

text: United

text: States

text: See

text: Moore

text: Digest

text: of

text: International

text: Law

text: Hackworth

text: Digest

text: of

text: International

text: Law

text: Hyde

text: International

text: Law

text: d

text: rev

text: ed

text: The

text: grounds

text: for

text: refusal

text: asserted

text: here

text: do

text: not

text: relate

text: to

text: citizenship

text: or

text: allegiance

text: on

text: the

text: one

text: hand

text: or

text: to

text: criminal

text: or

text: unlawful

text: conduct

text: on

text: the

text: other

text: Yet

text: so

text: far

text: as

text: relevant

text: here

text: those

text: two

text: are

text: the

text: only

text: ones

text: which

text: it

text: could

text: fairly

text: be

text: argued

text: were

text: adopted

text: by

text: Congress

text: in

text: light

text: of

text: prior

text: administrative

text: practice

text: One

text: can

text: find

text: in

text: the

text: records

text: of

text: the

text: State

text: Department

text: rulings

text: of

text: subordinates

text: covering

text: a

text: wider

text: range

text: of

text: activities

text: than

text: the

text: two

text: indicated

text: But

text: as

text: respects

text: Communists

text: these

text: are

text: scattered

text: rulings

text: and

text: not

text: consistently

text: of

text: one

text: pattern

text: We

text: can

text: say

text: with

text: assurance

text: that

text: whatever

text: may

text: have

text: been

text: the

text: practice

text: after

text: at

text: the

text: time

text: the

text: Act

text: of

text: July

text: was

text: adopted

text: the

text: administrative

text: practice

text: so

text: far

text: as

text: relevant

text: here

text: had

text: jelled

text: only

text: around

text: the

text: two

text: categories

text: mentioned

text: We

text: therefore

text: hesitate

text: to

text: impute

text: to

text: Congress

text: when

text: in

text: it

text: made

text: a

text: passport

text: necessary

text: for

text: foreign

text: travel

text: and

text: left

text: its

text: issuance

text: to

text: the

text: discretion

text: of

text: the

text: Secretary

text: of

text: State

text: a

text: purpose

text: to

text: give

text: him

text: unbridled

text: discretion

text: to

text: grant

text: or

text: withhold

text: a

text: passport

text: from

text: a

text: citizen

text: for

text: any

text: substantive

text: reason

text: he

text: may

text: choose

text: More

text: restrictive

text: regulations

text: were

text: applied

text: in

text: and

text: in

text: as

text: war

text: measures

text: We

text: are

text: not

text: compelled

text: to

text: equate

text: this

text: present

text: problem

text: of

text: statutory

text: construction

text: with

text: problems

text: that

text: may

text: arise

text: under

text: the

text: war

text: power

text: Cf

text: Youngstown

text: Sheet

text: Tube

text: Co

text: v

text: Sawyer

text: U

text: S

text: In

text: a

text: case

text: of

text: comparable

text: magnitude

text: Korematsu

text: v

text: United

text: States

text: U

text: S

text: we

text: allowed

text: the

text: Government

text: in

text: time

text: of

text: war

text: to

text: exclude

text: citizens

text: from

text: their

text: homes

text: and

text: restrict

text: their

text: freedom

text: of

text: movement

text: only

text: on

text: a

text: showing

text: of

text: the

text: gravest

text: imminent

text: danger

text: to

text: the

text: public

text: safety

text: There

text: the

text: Congress

text: and

text: the

text: Chief

text: Executive

text: moved

text: in

text: coordinated

text: action

text: and

text: as

text: we

text: said

text: the

text: Nation

text: was

text: then

text: at

text: war

text: No

text: such

text: condition

text: presently

text: exists

text: No

text: such

text: showing

text: of

text: extremity

text: no

text: such

text: showing

text: of

text: joint

text: action

text: by

text: the

text: Chief

text: Executive

text: and

text: the

text: Congress

text: to

text: curtail

text: a

text: constitutional

text: right

text: of

text: the

text: citizen

text: has

text: been

text: made

text: here

text: Since

text: we

text: start

text: with

text: an

text: exercise

text: by

text: an

text: American

text: citizen

text: of

text: an

text: activity

text: included

text: in

text: constitutional

text: protection

text: we

text: will

text: not

text: readily

text: infer

text: that

text: Congress

text: gave

text: the

text: Secretary

text: of

text: State

text: unbridled

text: discretion

text: to

text: grant

text: or

text: withhold

text: it

text: If

text: we

text: were

text: dealing

text: with

text: political

text: questions

text: entrusted

text: to

text: the

text: Chief

text: Executive

text: by

text: the

text: Constitution

text: we

text: would

text: have

text: a

text: different

text: case

text: But

text: there

text: is

text: more

text: involved

text: here

text: In

text: part

text: of

text: course

text: the

text: issuance

text: of

text: the

text: passport

text: carries

text: some

text: implication

text: of

text: intention

text: to

text: extend

text: the

text: bearer

text: diplomatic

text: protection

text: though

text: it

text: does

text: no

text: more

text: than

text: request

text: all

text: whom

text: it

text: may

text: concern

text: to

text: permit

text: safely

text: and

text: freely

text: to

text: pass

text: and

text: in

text: case

text: of

text: need

text: to

text: give

text: all

text: lawful

text: aid

text: and

text: protection

text: to

text: this

text: citizen

text: of

text: the

text: United

text: States

text: But

text: that

text: function

text: of

text: the

text: passport

text: is

text: subordinate

text: Its

text: crucial

text: function

text: today

text: is

text: control

text: over

text: exit

text: And

text: as

text: we

text: have

text: seen

text: the

text: right

text: of

text: exit

text: is

text: a

text: personal

text: right

text: included

text: within

text: the

text: word

text: liberty

text: as

text: used

text: in

text: the

text: Fifth

text: Amendment

text: If

text: that

text: liberty

text: is

text: to

text: be

text: regulated

text: it

text: must

text: be

text: pursuant

text: to

text: the

text: law

text: making

text: functions

text: of

text: the

text: Congress

text: Youngstown

text: Sheet

text: Tube

text: Co

text: v

text: Sawyer

text: supra

text: And

text: if

text: that

text: power

text: is

text: delegated

text: the

text: standards

text: must

text: be

text: adequate

text: to

text: pass

text: scrutiny

text: by

text: the

text: accepted

text: tests

text: See

text: Panama

text: Refining

text: Co

text: v

text: Ryan

text: U

text: S

text: Cf

text: Cantwell

text: v

text: Connecticut

text: U

text: S

text: Niemotko

text: v

text: Maryland

text: U

text: S

text: Where

text: activities

text: or

text: enjoyment

text: natural

text: and

text: often

text: necessary

text: to

text: the

text: well

text: being

text: of

text: an

text: American

text: citizen

text: such

text: as

text: travel

text: are

text: involved

text: we

text: will

text: construe

text: narrowly

text: all

text: delegated

text: powers

text: that

text: curtail

text: or

text: dilute

text: them

text: See

text: Ex

text: parte

text: Endo

text: U

text: S

text: Cf

text: Hannegan

text: v

text: Esquire

text: Inc

text: U

text: S

text: United

text: States

text: v

text: Rumely

text: U

text: S

text: We

text: hesitate

text: to

text: find

text: in

text: this

text: broad

text: generalized

text: power

text: an

text: authority

text: to

text: trench

text: so

text: heavily

text: on

text: the

text: rights

text: of

text: the

text: citizen

text: Thus

text: we

text: do

text: not

text: reach

text: the

text: question

text: of

text: constitutionality

text: We

text: only

text: conclude

text: that

text: and

text: a

text: do

text: not

text: delegate

text: to

text: the

text: Secretary

text: the

text: kind

text: of

text: authority

text: exercised

text: here

text: We

text: deal

text: with

text: beliefs

text: with

text: associations

text: with

text: ideological

text: matters

text: We

text: must

text: remember

text: that

text: we

text: are

text: dealing

text: here

text: with

text: citizens

text: who

text: have

text: neither

text: been

text: accused

text: of

text: crimes

text: nor

text: found

text: guilty

text: They

text: are

text: being

text: denied

text: their

text: freedom

text: of

text: movement

text: solely

text: because

text: of

text: their

text: refusal

text: to

text: be

text: subjected

text: to

text: inquiry

text: into

text: their

text: beliefs

text: and

text: associations

text: They

text: do

text: not

text: seek

text: to

text: escape

text: the

text: law

text: nor

text: to

text: violate

text: it

text: They

text: may

text: or

text: may

text: not

text: be

text: Communists

text: But

text: assuming

text: they

text: are

text: the

text: only

text: law

text: which

text: Congress

text: has

text: passed

text: expressly

text: curtailing

text: the

text: movement

text: of

text: Communists

text: across

text: our

text: borders

text: has

text: not

text: yet

text: become

text: effective

text: It

text: would

text: therefore

text: be

text: strange

text: to

text: infer

text: that

text: pending

text: the

text: effectiveness

text: of

text: that

text: law

text: the

text: Secretary

text: has

text: been

text: silently

text: granted

text: by

text: Congress

text: the

text: larger

text: the

text: more

text: pervasive

text: power

text: to

text: curtail

text: in

text: his

text: discretion

text: the

text: free

text: movement

text: of

text: citizens

text: in

text: order

text: to

text: satisfy

text: himself

text: about

text: their

text: beliefs

text: or

text: associations

text: To

text: repeat

text: we

text: deal

text: here

text: with

text: a

text: constitutional

text: right

text: of

text: the

text: citizen

text: a

text: right

text: which

text: we

text: must

text: assume

text: Congress

text: will

text: be

text: faithful

text: to

text: respect

text: We

text: would

text: be

text: faced

text: with

text: important

text: constitutional

text: questions

text: were

text: we

text: to

text: hold

text: that

text: Congress

text: by

text: and

text: a

text: had

text: given

text: the

text: Secretary

text: authority

text: to

text: withhold

text: passports

text: to

text: citizens

text: because

text: of

text: their

text: beliefs

text: or

text: associations

text: Congress

text: has

text: made

text: no

text: such

text: provision

text: in

text: explicit

text: terms

text: and

text: absent

text: one

text: the

text: Secretary

text: may

text: not

text: employ

text: that

text: standard

text: to

text: restrict

text: the

text: citizens

text: right

text: of

text: free

text: movement

text: Reversed

text: MR

text: JUSTICE

text: CLARK

text: with

text: whom

text: MR

text: JUSTICE

text: BURTON

text: MR

text: JUSTICE

text: HARLAN

text: and

text: MR

text: JUSTICE

text: WHITTAKER

text: concur

text: dissenting

text: On

text: August

text: acting

text: under

text: authority

text: vested

text: by

text: Executive

text: Order

text: No

text: CFR

text: the

text: Secretary

text: of

text: State

text: issued

text: the

text: regulations

text: in

text: question

text: of

text: which

text: provides

text: that

text: a

text: passport

text: applicant

text: may

text: be

text: required

text: to

text: make

text: a

text: statement

text: under

text: oath

text: with

text: respect

text: to

text: present

text: or

text: past

text: membership

text: in

text: the

text: Communist

text: Party

text: CFR

text: Since

text: the

text: Congress

text: has

text: required

text: that

text: every

text: passport

text: application

text: contain

text: a

text: true

text: recital

text: of

text: each

text: and

text: every

text: matter

text: of

text: fact

text: which

text: may

text: be

text: required

text: by

text: any

text: rules

text: of

text: the

text: Secretary

text: of

text: State

text: and

text: that

text: requirement

text: must

text: be

text: satisfied

text: b

text: efore

text: a

text: passport

text: is

text: issued

text: to

text: any

text: person

text: Stat

text: U

text: S

text: C

text: In

text: the

text: context

text: of

text: that

text: background

text: the

text: Secretary

text: asked

text: for

text: and

text: petitioners

text: refused

text: to

text: file

text: affidavits

text: stating

text: whether

text: they

text: then

text: were

text: or

text: ever

text: had

text: been

text: members

text: of

text: the

text: Communist

text: Party

text: Thereupon

text: the

text: Secretary

text: refused

text: to

text: further

text: consider

text: petitioners

text: applications

text: until

text: such

text: time

text: as

text: they

text: filed

text: the

text: required

text: affidavits

text: The

text: Secretary

text: s

text: action

text: clearly

text: must

text: be

text: held

text: authorized

text: by

text: Congress

text: if

text: the

text: requested

text: information

text: is

text: relevant

text: to

text: any

text: ground

text: upon

text: which

text: the

text: Secretary

text: might

text: properly

text: refuse

text: to

text: issue

text: a

text: passport

text: The

text: Court

text: purports

text: today

text: to

text: preclude

text: the

text: existence

text: of

text: such

text: a

text: ground

text: by

text: holding

text: that

text: the

text: Secretary

text: has

text: not

text: been

text: authorized

text: to

text: deny

text: a

text: passport

text: to

text: a

text: Communist

text: whose

text: travel

text: abroad

text: would

text: be

text: inimical

text: to

text: our

text: national

text: security

text: In

text: thus

text: construing

text: the

text: authority

text: of

text: the

text: Secretary

text: the

text: Court

text: recognizes

text: that

text: all

text: during

text: our

text: history

text: he

text: has

text: had

text: discretion

text: to

text: grant

text: or

text: withhold

text: passports

text: That

text: power

text: first

text: exercised

text: without

text: benefit

text: of

text: statute

text: was

text: made

text: the

text: subject

text: of

text: specific

text: legislative

text: authority

text: in

text: when

text: the

text: Congress

text: consolidated

text: all

text: power

text: over

text: passports

text: in

text: the

text: hands

text: of

text: the

text: Secretary

text: Stat

text: In

text: the

text: statutory

text: language

text: shall

text: be

text: authorized

text: to

text: grant

text: and

text: issue

text: was

text: changed

text: to

text: may

text: grant

text: and

text: issue

text: R

text: S

text: In

text: slightly

text: modified

text: form

text: the

text: Secretary

text: s

text: power

text: has

text: come

text: through

text: several

text: re

text: enactments

text: e

text: g

text: Stat

text: Part

text: p

text: in

text: to

text: its

text: present

text: day

text: embodiment

text: in

text: Stat

text: Part

text: p

text: U

text: S

text: C

text: a

text: This

text: discretionary

text: authority

text: which

text: we

text: previously

text: acknowledged

text: in

text: Perkins

text: v

text: Elg

text: U

text: S

text: was

text: exercised

text: both

text: in

text: times

text: of

text: peace

text: and

text: in

text: periods

text: of

text: war

text: During

text: war

text: and

text: other

text: periods

text: of

text: national

text: emergency

text: however

text: the

text: importance

text: of

text: the

text: Secretary

text: s

text: passport

text: power

text: was

text: tremendously

text: magnified

text: by

text: a

text: succession

text: of

text: travel

text: control

text: statutes

text: making

text: possession

text: of

text: a

text: passport

text: a

text: legal

text: necessity

text: to

text: leaving

text: or

text: entering

text: this

text: country

text: The

text: first

text: of

text: these

text: was

text: enacted

text: in

text: just

text: prior

text: to

text: the

text: end

text: of

text: the

text: War

text: of

text: when

text: it

text: was

text: made

text: illegal

text: for

text: any

text: citizen

text: to

text: cross

text: the

text: frontier

text: into

text: enemy

text: territory

text: without

text: a

text: passport

text: Stat

text: After

text: the

text: same

text: result

text: was

text: accomplished

text: during

text: the

text: Civil

text: War

text: without

text: congressional

text: sanction

text: Moore

text: Digest

text: of

text: International

text: Law

text: World

text: War

text: I

text: prompted

text: passage

text: in

text: of

text: the

text: second

text: travel

text: control

text: statute

text: Stat

text: The

text: statute

text: directly

text: antecedent

text: to

text: presently

text: controlling

text: legislation

text: provided

text: that

text: in

text: time

text: of

text: war

text: and

text: upon

text: public

text: proclamation

text: by

text: the

text: President

text: that

text: the

text: public

text: safety

text: required

text: additional

text: travel

text: restrictions

text: no

text: citizen

text: could

text: depart

text: from

text: or

text: enter

text: into

text: the

text: country

text: without

text: a

text: passport

text: Shortly

text: thereafter

text: President

text: Wilson

text: made

text: the

text: required

text: proclamation

text: of

text: public

text: necessity

text: and

text: provided

text: that

text: no

text: citizen

text: should

text: be

text: granted

text: a

text: passport

text: unless

text: it

text: affirmatively

text: appeared

text: that

text: his

text: departure

text: or

text: entry

text: is

text: not

text: prejudicial

text: to

text: the

text: interests

text: of

text: the

text: United

text: States

text: Proc

text: No

text: Stat

text: The

text: legislative

text: history

text: of

text: the

text: Act

text: sharply

text: indicates

text: that

text: Congress

text: meant

text: the

text: Secretary

text: to

text: deny

text: passports

text: to

text: those

text: whose

text: travel

text: abroad

text: would

text: be

text: contrary

text: to

text: our

text: national

text: security

text: The

text: Act

text: came

text: to

text: the

text: floor

text: of

text: the

text: House

text: of

text: Representatives

text: accompanied

text: by

text: the

text: following

text: explanation

text: in

text: the

text: Report

text: of

text: the

text: House

text: Committee

text: on

text: Foreign

text: Affairs

text: H

text: R

text: Rep

text: No

text: th

text: Cong

text: d

text: Sess

text: That

text: some

text: supervision

text: of

text: travel

text: by

text: American

text: citizens

text: is

text: essential

text: appeared

text: from

text: statements

text: made

text: before

text: the

text: committee

text: at

text: the

text: hearing

text: upon

text: the

text: bill

text: One

text: case

text: was

text: mentioned

text: of

text: a

text: United

text: States

text: citizen

text: who

text: recently

text: returned

text: from

text: Europe

text: after

text: having

text: to

text: the

text: knowledge

text: of

text: our

text: Government

text: done

text: work

text: in

text: a

text: neutral

text: country

text: for

text: the

text: German

text: Government

text: There

text: was

text: strong

text: suspicion

text: that

text: he

text: came

text: to

text: the

text: United

text: States

text: for

text: no

text: proper

text: purpose

text: Nevertheless

text: not

text: only

text: was

text: it

text: impossible

text: to

text: exclude

text: him

text: but

text: it

text: would

text: now

text: be

text: impossible

text: to

text: prevent

text: him

text: from

text: leaving

text: the

text: country

text: if

text: he

text: saw

text: fit

text: to

text: do

text: so

text: The

text: known

text: facts

text: in

text: his

text: case

text: are

text: not

text: sufficient

text: to

text: warrant

text: the

text: institution

text: of

text: a

text: criminal

text: prosecution

text: and

text: in

text: any

text: event

text: the

text: difficulty

text: of

text: securing

text: legal

text: evidence

text: from

text: the

text: place

text: of

text: his

text: activities

text: in

text: Europe

text: may

text: easily

text: be

text: imagined

text: It

text: is

text: essential

text: to

text: meet

text: the

text: situation

text: that

text: the

text: Executive

text: should

text: have

text: wide

text: discretion

text: and

text: wide

text: authority

text: of

text: action

text: No

text: one

text: can

text: foresee

text: the

text: different

text: means

text: which

text: may

text: be

text: adopted

text: by

text: hostile

text: nations

text: to

text: secure

text: military

text: information

text: or

text: spread

text: propaganda

text: and

text: discontent

text: It

text: is

text: obviously

text: impracticable

text: to

text: appeal

text: to

text: Congress

text: for

text: further

text: legislation

text: in

text: each

text: new

text: emergency

text: Swift

text: Executive

text: action

text: is

text: the

text: only

text: effective

text: counterstroke

text: The

text: committee

text: was

text: informed

text: by

text: representatives

text: of

text: the

text: executive

text: departments

text: that

text: the

text: need

text: for

text: prompt

text: legislation

text: of

text: the

text: character

text: suggested

text: is

text: most

text: pressing

text: There

text: have

text: recently

text: been

text: numerous

text: suspicious

text: departures

text: for

text: Cuba

text: which

text: it

text: was

text: impossible

text: to

text: prevent

text: Other

text: individual

text: cases

text: of

text: entry

text: and

text: departure

text: at

text: various

text: points

text: have

text: excited

text: the

text: greatest

text: anxiety

text: This

text: is

text: particularly

text: true

text: in

text: respect

text: of

text: the

text: Mexican

text: border

text: passage

text: across

text: which

text: can

text: not

text: legally

text: be

text: restricted

text: for

text: many

text: types

text: of

text: persons

text: reasonably

text: suspected

text: of

text: aiding

text: Germany

text: s

text: purposes

text: During

text: debate

text: of

text: the

text: bill

text: on

text: the

text: floor

text: of

text: the

text: House

text: its

text: House

text: spokesman

text: stated

text: The

text: Government

text: is

text: now

text: very

text: much

text: hampered

text: by

text: lack

text: of

text: authority

text: to

text: control

text: the

text: travel

text: to

text: and

text: from

text: this

text: country

text: even

text: of

text: people

text: suspected

text: of

text: not

text: being

text: loyal

text: and

text: even

text: of

text: those

text: whom

text: they

text: suspect

text: of

text: being

text: in

text: the

text: employ

text: of

text: enemy

text: governments

text: Cong

text: Rec

text: Our

text: ports

text: are

text: open

text: so

text: far

text: as

text: the

text: law

text: is

text: concerned

text: to

text: alien

text: friends

text: citizens

text: and

text: neutrals

text: to

text: come

text: and

text: go

text: at

text: will

text: and

text: pleasure

text: and

text: that

text: notwithstanding

text: the

text: Government

text: may

text: suspect

text: the

text: conduct

text: and

text: the

text: intention

text: of

text: the

text: individuals

text: who

text: come

text: and

text: go

text: Id

text: at

text: His

text: counterpart

text: in

text: the

text: Senate

text: stated

text: in

text: debate

text: The

text: chief

text: object

text: of

text: the

text: bill

text: is

text: to

text: correct

text: a

text: very

text: serious

text: trouble

text: which

text: the

text: Department

text: of

text: State

text: the

text: Department

text: of

text: Justice

text: and

text: the

text: Department

text: of

text: Labor

text: are

text: having

text: with

text: aliens

text: and

text: alien

text: enemies

text: and

text: renegade

text: American

text: citizens

text: I

text: am

text: sorry

text: to

text: say

text: entering

text: the

text: United

text: States

text: from

text: nests

text: they

text: have

text: in

text: Cuba

text: and

text: over

text: the

text: Mexican

text: border

text: They

text: can

text: now

text: enter

text: and

text: depart

text: without

text: any

text: power

text: of

text: the

text: departments

text: or

text: of

text: the

text: Government

text: to

text: intercept

text: or

text: delay

text: them

text: There

text: is

text: no

text: law

text: that

text: covers

text: this

text: case

text: It

text: is

text: believed

text: that

text: all

text: the

text: information

text: which

text: goes

text: to

text: Germany

text: of

text: the

text: war

text: preparations

text: of

text: the

text: United

text: States

text: and

text: of

text: the

text: transportation

text: of

text: troops

text: to

text: France

text: passes

text: through

text: Mexico

text: The

text: Government

text: is

text: having

text: a

text: great

text: deal

text: of

text: trouble

text: along

text: that

text: border

text: It

text: is

text: an

text: everyday

text: occurrence

text: and

text: the

text: emergency

text: of

text: this

text: measure

text: is

text: very

text: great

text: The

text: bill

text: is

text: supplementary

text: to

text: the

text: espionage

text: laws

text: and

text: necessary

text: for

text: their

text: efficient

text: execution

text: in

text: detecting

text: and

text: punishing

text: German

text: spies

text: Cong

text: Rec

text: The

text: implication

text: is

text: unmistakable

text: that

text: the

text: Secretary

text: was

text: intended

text: to

text: exercise

text: his

text: traditional

text: passport

text: function

text: in

text: such

text: a

text: manner

text: as

text: would

text: effectively

text: add

text: to

text: the

text: protection

text: of

text: this

text: country

text: s

text: internal

text: security

text: That

text: the

text: Secretary

text: so

text: understood

text: and

text: so

text: exercised

text: his

text: passport

text: power

text: in

text: this

text: period

text: is

text: evident

text: from

text: two

text: State

text: Department

text: documents

text: in

text: A

text: memorandum

text: of

text: the

text: Under

text: Secretary

text: of

text: State

text: dated

text: November

text: declared

text: Any

text: assistance

text: in

text: the

text: way

text: of

text: passport

text: facilities

text: which

text: this

text: Government

text: may

text: render

text: to

text: a

text: person

text: who

text: is

text: working

text: either

text: directly

text: or

text: indirectly

text: in

text: behalf

text: of

text: the

text: Soviet

text: Government

text: is

text: a

text: help

text: to

text: the

text: Soviet

text: Government

text: Memorandum

text: Re

text: Applicants

text: for

text: Passports

text: Who

text: are

text: Bolshevists

text: or

text: Who

text: are

text: Connected

text: with

text: Bolshevist

text: Government

text: Code

text: No

text: Accordingly

text: it

text: was

text: recommended

text: that

text: passports

text: be

text: refused

text: any

text: person

text: who

text: counsels

text: or

text: advocates

text: publicly

text: or

text: privately

text: the

text: overthrow

text: of

text: organized

text: Governments

text: by

text: force

text: Id

text: Among

text: the

text: examples

text: stated

text: were

text: m

text: embers

text: of

text: the

text: Communist

text: Party

text: Id

text: Two

text: weeks

text: later

text: the

text: State

text: Department

text: published

text: office

text: instructions

text: dated

text: December

text: to

text: our

text: embassies

text: throughout

text: the

text: world

text: implementing

text: Code

text: No

text: by

text: prohibiting

text: issuance

text: of

text: passports

text: to

text: anarchists

text: and

text: revolutionary

text: radicals

text: Expressly

text: included

text: among

text: the

text: proscribed

text: classes

text: of

text: citizens

text: were

text: those

text: who

text: believe

text: in

text: or

text: advocate

text: the

text: overthrow

text: by

text: force

text: or

text: violence

text: of

text: the

text: Government

text: of

text: the

text: United

text: States

text: as

text: well

text: as

text: all

text: those

text: who

text: are

text: members

text: of

text: or

text: are

text: affiliated

text: with

text: any

text: organization

text: that

text: believes

text: in

text: or

text: advocates

text: such

text: overthrow

text: By

text: its

text: terms

text: a

text: war

text: statute

text: the

text: Act

text: expired

text: in

text: March

text: see

text: Stat

text: after

text: which

text: no

text: more

text: travel

text: controls

text: existed

text: until

text: In

text: that

text: year

text: Congress

text: amended

text: the

text: Act

text: so

text: as

text: to

text: provide

text: the

text: same

text: controls

text: during

text: the

text: national

text: emergency

text: proclaimed

text: by

text: the

text: President

text: on

text: May

text: should

text: the

text: President

text: find

text: and

text: publicly

text: proclaim

text: that

text: the

text: interest

text: of

text: the

text: United

text: States

text: required

text: that

text: such

text: restrictions

text: be

text: reimposed

text: Stat

text: Shortly

text: thereafter

text: President

text: Roosevelt

text: invoked

text: this

text: authority

text: Stat

text: and

text: implementing

text: regulations

text: were

text: issued

text: by

text: the

text: State

text: Department

text: CFR

text: The

text: legislative

text: history

text: of

text: the

text: amendment

text: is

text: as

text: clear

text: as

text: that

text: of

text: the

text: Act

text: the

text: purpose

text: of

text: the

text: legislation

text: was

text: to

text: so

text: use

text: the

text: passport

text: power

text: of

text: the

text: Secretary

text: as

text: to

text: block

text: travel

text: to

text: and

text: from

text: the

text: country

text: by

text: those

text: persons

text: whose

text: passage

text: would

text: not

text: be

text: in

text: the

text: best

text: interests

text: and

text: security

text: of

text: the

text: United

text: States

text: The

text: Report

text: of

text: the

text: Senate

text: Committee

text: on

text: the

text: Judiciary

text: S

text: Rep

text: No

text: th

text: Cong

text: st

text: Sess

text: declared

text: Since

text: the

text: outbreak

text: of

text: the

text: present

text: war

text: it

text: has

text: come

text: to

text: the

text: attention

text: of

text: the

text: Department

text: of

text: State

text: and

text: of

text: other

text: executive

text: departments

text: that

text: there

text: are

text: many

text: persons

text: in

text: and

text: outside

text: of

text: the

text: United

text: States

text: who

text: are

text: directly

text: engaged

text: in

text: espionage

text: and

text: subversive

text: activities

text: in

text: the

text: interests

text: of

text: foreign

text: governments

text: and

text: others

text: who

text: are

text: engaged

text: in

text: activities

text: inimical

text: to

text: the

text: best

text: interests

text: of

text: the

text: United

text: States

text: who

text: desire

text: to

text: travel

text: from

text: time

text: to

text: time

text: between

text: the

text: United

text: States

text: and

text: foreign

text: countries

text: in

text: connection

text: with

text: their

text: activities

text: During

text: debate

text: on

text: the

text: House

text: floor

text: the

text: sole

text: purpose

text: of

text: the

text: bill

text: was

text: stated

text: to

text: be

text: establishment

text: of

text: a

text: sort

text: of

text: clearing

text: house

text: where

text: those

text: persons

text: wishing

text: to

text: enter

text: or

text: leave

text: the

text: country

text: would

text: have

text: to

text: give

text: their

text: reasons

text: why

text: they

text: were

text: going

text: or

text: coming

text: and

text: where

text: it

text: would

text: be

text: determined

text: whether

text: their

text: coming

text: in

text: or

text: going

text: out

text: would

text: be

text: inimical

text: to

text: the

text: interests

text: of

text: the

text: United

text: States

text: Cong

text: Rec

text: See

text: also

text: Cong

text: Rec

text: The

text: carrying

text: out

text: of

text: this

text: legislative

text: purpose

text: resulted

text: in

text: a

text: complete

text: change

text: in

text: emphasis

text: of

text: the

text: work

text: of

text: the

text: Division

text: from

text: that

text: of

text: an

text: agency

text: to

text: afford

text: protection

text: to

text: the

text: individual

text: to

text: that

text: of

text: one

text: whose

text: principal

text: purpose

text: was

text: to

text: safeguard

text: and

text: maintain

text: the

text: security

text: of

text: the

text: state

text: Dept

text: State

text: Bull

text: That

text: transformation

text: involved

text: the

text: clearance

text: upon

text: a

text: basis

text: of

text: security

text: for

text: the

text: state

text: of

text: the

text: entry

text: and

text: departure

text: of

text: hundreds

text: of

text: thousands

text: of

text: persons

text: into

text: and

text: from

text: the

text: United

text: States

text: Id

text: Emphasis

text: added

text: While

text: the

text: national

text: emergency

text: to

text: which

text: the

text: amendment

text: related

text: was

text: officially

text: declared

text: at

text: an

text: end

text: on

text: April

text: Proc

text: No

text: Stat

text: C

text: Congress

text: continued

text: the

text: provisions

text: of

text: the

text: Act

text: in

text: effect

text: until

text: April

text: Stat

text: In

text: that

text: interim

text: period

text: Congress

text: passed

text: the

text: Immigration

text: and

text: Nationality

text: Act

text: of

text: which

text: both

text: repealed

text: the

text: Act

text: as

text: amended

text: in

text: Stat

text: and

text: re

text: enacted

text: it

text: as

text: of

text: the

text: Act

text: amending

text: it

text: only

text: to

text: the

text: extent

text: that

text: its

text: provisions

text: would

text: be

text: subject

text: to

text: invocation

text: during

text: the

text: existence

text: of

text: any

text: national

text: emergency

text: proclaimed

text: by

text: the

text: President

text: Stat

text: There

text: is

text: practically

text: no

text: legislative

text: history

text: on

text: this

text: incorporation

text: of

text: the

text: statute

text: in

text: the

text: Act

text: apart

text: from

text: a

text: comment

text: in

text: the

text: House

text: Report

text: that

text: the

text: provisions

text: of

text: are

text: incorporated

text: in

text: the

text: bill

text: in

text: practically

text: the

text: same

text: form

text: as

text: they

text: now

text: appear

text: in

text: the

text: act

text: of

text: May

text: H

text: R

text: Rep

text: No

text: d

text: Cong

text: d

text: Sess

text: For

text: that

text: reason

text: the

text: legislative

text: history

text: of

text: the

text: Act

text: and

text: the

text: amendment

text: which

text: I

text: have

text: set

text: out

text: at

text: some

text: detail

text: is

text: doubly

text: important

text: in

text: ascertaining

text: the

text: intent

text: of

text: the

text: Congress

text: as

text: to

text: the

text: authority

text: of

text: the

text: Secretary

text: to

text: deny

text: passports

text: under

text: of

text: the

text: Act

text: Cf

text: United

text: States

text: v

text: Plesha

text: U

text: S

text: At

text: the

text: time

text: of

text: the

text: Act

text: a

text: national

text: emergency

text: proclaimed

text: by

text: President

text: Truman

text: on

text: December

text: in

text: response

text: to

text: the

text: Korean

text: conflict

text: was

text: and

text: still

text: is

text: today

text: in

text: existence

text: Proc

text: No

text: Stat

text: A

text: In

text: reliance

text: on

text: that

text: the

text: President

text: invoked

text: the

text: travel

text: restrictions

text: of

text: on

text: January

text: Proc

text: No

text: Stat

text: C

text: The

text: proclamation

text: by

text: which

text: this

text: was

text: done

text: carefully

text: pointed

text: out

text: that

text: of

text: its

text: provisions

text: should

text: be

text: interpreted

text: as

text: revoking

text: any

text: regulation

text: heretofore

text: issued

text: relating

text: to

text: the

text: departure

text: of

text: persons

text: from

text: or

text: their

text: entry

text: into

text: the

text: United

text: States

text: Id

text: Among

text: the

text: regulations

text: theretofore

text: issued

text: were

text: those

text: now

text: attacked

text: relating

text: to

text: the

text: issuance

text: of

text: passports

text: to

text: Communists

text: for

text: they

text: had

text: been

text: promulgated

text: to

text: be

text: effective

text: on

text: August

text: shortly

text: after

text: passage

text: of

text: the

text: Act

text: Fed

text: Reg

text: Congress

text: by

text: virtue

text: of

text: of

text: the

text: Act

text: has

text: approved

text: whatever

text: use

text: of

text: his

text: discretion

text: the

text: Secretary

text: had

text: made

text: prior

text: to

text: the

text: June

text: date

text: of

text: that

text: legislation

text: That

text: conclusion

text: necessarily

text: follows

text: from

text: the

text: fact

text: that

text: continued

text: to

text: make

text: legal

text: exit

text: or

text: entry

text: turn

text: on

text: possession

text: of

text: a

text: passport

text: without

text: in

text: any

text: way

text: limiting

text: the

text: discretionary

text: passport

text: power

text: theretofore

text: exercised

text: by

text: the

text: Secretary

text: See

text: United

text: States

text: v

text: Allen

text: Bradley

text: Co

text: U

text: S

text: Allen

text: v

text: Grand

text: Central

text: Aircraft

text: Co

text: U

text: S

text: United

text: States

text: v

text: Cerecedo

text: Hermanos

text: y

text: Compania

text: U

text: S

text: But

text: the

text: Court

text: then

text: determines

text: that

text: the

text: Secretary

text: s

text: denial

text: of

text: passports

text: in

text: peacetime

text: extended

text: to

text: only

text: two

text: categories

text: of

text: cases

text: those

text: involving

text: allegiance

text: and

text: those

text: involving

text: criminal

text: activity

text: and

text: that

text: the

text: Secretary

text: s

text: wartime

text: exercise

text: of

text: his

text: discretion

text: while

text: admittedly

text: more

text: restrictive

text: has

text: no

text: relevance

text: to

text: the

text: practice

text: which

text: Congress

text: can

text: be

text: said

text: to

text: have

text: approved

text: in

text: Since

text: the

text: present

text: denials

text: do

text: not

text: involve

text: grounds

text: either

text: of

text: allegiance

text: or

text: criminal

text: activity

text: the

text: Court

text: concludes

text: that

text: they

text: were

text: beyond

text: the

text: pale

text: of

text: congressional

text: authorization

text: Both

text: of

text: the

text: propositions

text: set

text: out

text: above

text: are

text: vital

text: to

text: the

text: Court

text: s

text: final

text: conclusion

text: Neither

text: of

text: them

text: has

text: any

text: validity

text: the

text: first

text: is

text: contrary

text: to

text: fact

text: and

text: the

text: second

text: to

text: common

text: sense

text: The

text: peacetime

text: practice

text: of

text: the

text: State

text: Department

text: indisputably

text: involved

text: denial

text: of

text: passports

text: for

text: reasons

text: of

text: national

text: security

text: The

text: Report

text: of

text: the

text: Commission

text: on

text: Government

text: Security

text: summarizes

text: the

text: Department

text: s

text: policy

text: on

text: granting

text: passports

text: to

text: Communists

text: by

text: excerpts

text: from

text: State

text: Department

text: documents

text: Shortly

text: after

text: the

text: Russian

text: Revolution

text: the

text: Department

text: became

text: aware

text: of

text: the

text: scope

text: and

text: danger

text: of

text: the

text: worldwide

text: revolutionary

text: movement

text: and

text: the

text: attendant

text: purpose

text: to

text: overthrow

text: all

text: existing

text: governments

text: including

text: our

text: own

text: Thereafter

text: passports

text: were

text: refused

text: to

text: American

text: Communists

text: who

text: desired

text: to

text: go

text: abroad

text: for

text: indoctrination

text: instruction

text: etc

text: This

text: policy

text: was

text: continued

text: until

text: Emphasis

text: added

text: From

text: until

text: World

text: War

text: II

text: no

text: persons

text: were

text: refused

text: passports

text: because

text: they

text: were

text: Communists

text: After

text: World

text: War

text: II

text: a

text: t

text: first

text: passports

text: were

text: refused

text: but

text: upon

text: reconsideration

text: of

text: the

text: matter

text: in

text: the

text: decision

text: was

text: made

text: that

text: passports

text: would

text: be

text: issued

text: to

text: Communists

text: and

text: supporters

text: of

text: communism

text: who

text: satisfied

text: the

text: Department

text: that

text: they

text: did

text: not

text: intend

text: while

text: abroad

text: to

text: engage

text: in

text: the

text: promotion

text: of

text: Communist

text: activities

text: At

text: the

text: same

text: time

text: however

text: it

text: was

text: decided

text: that

text: passports

text: should

text: be

text: refused

text: to

text: persons

text: whose

text: purpose

text: in

text: traveling

text: abroad

text: was

text: believed

text: to

text: be

text: to

text: subvert

text: the

text: interest

text: of

text: the

text: United

text: States

text: Later

text: in

text: the

text: policy

text: was

text: changed

text: to

text: give

text: Communist

text: journalists

text: passports

text: even

text: though

text: they

text: were

text: actively

text: promoting

text: the

text: Communist

text: cause

text: Nearly

text: two

text: years

text: later

text: in

text: September

text: the

text: latter

text: leniency

text: was

text: reversed

text: after

text: it

text: was

text: pointed

text: out

text: that

text: the

text: Internal

text: Security

text: Act

text: of

text: clearly

text: showed

text: the

text: desire

text: of

text: Congress

text: that

text: no

text: Communists

text: should

text: be

text: issued

text: passports

text: of

text: this

text: Government

text: The

text: matter

text: was

text: referred

text: to

text: the

text: Department

text: s

text: Legal

text: Adviser

text: who

text: agreed

text: that

text: it

text: was

text: the

text: duty

text: of

text: the

text: State

text: Department

text: to

text: refuse

text: passports

text: to

text: all

text: Communists

text: including

text: journalists

text: Other

text: evidence

text: of

text: peacetime

text: denials

text: for

text: security

text: reasons

text: is

text: more

text: scattered

text: but

text: nevertheless

text: existent

text: Much

text: of

text: it

text: centers

text: around

text: opposition

text: to

text: the

text: Internal

text: Security

text: Act

text: of

text: for

text: one

text: of

text: the

text: stated

text: aims

text: of

text: that

text: legislation

text: was

text: denial

text: of

text: passports

text: to

text: Communists

text: The

text: minority

text: report

text: of

text: the

text: Senate

text: Committee

text: on

text: the

text: Judiciary

text: objected

text: But

text: this

text: can

text: be

text: done

text: under

text: the

text: existing

text: discretionary

text: powers

text: of

text: the

text: Secretary

text: of

text: State

text: as

text: evidenced

text: by

text: the

text: recent

text: denial

text: or

text: cancellation

text: of

text: a

text: passport

text: to

text: Paul

text: Robeson

text: S

text: Rep

text: No

text: Part

text: st

text: Cong

text: d

text: Sess

text: President

text: Truman

text: in

text: vetoing

text: that

text: Act

text: stated

text: It

text: is

text: claimed

text: that

text: this

text: bill

text: would

text: deny

text: passports

text: to

text: Communists

text: The

text: fact

text: is

text: that

text: the

text: Government

text: can

text: and

text: does

text: deny

text: passports

text: to

text: Communists

text: under

text: existing

text: law

text: Cong

text: Rec

text: In

text: Attorney

text: General

text: Hoar

text: advised

text: the

text: Secretary

text: of

text: State

text: that

text: good

text: reason

text: existed

text: for

text: the

text: passport

text: power

text: being

text: discretionary

text: in

text: nature

text: for

text: it

text: might

text: sometimes

text: be

text: most

text: inexpedient

text: for

text: the

text: public

text: interests

text: for

text: this

text: country

text: to

text: grant

text: a

text: passport

text: to

text: a

text: citizen

text: of

text: the

text: United

text: States

text: Op

text: Atty

text: Gen

text: As

text: an

text: example

text: he

text: referred

text: to

text: the

text: case

text: of

text: an

text: avowed

text: anarchist

text: for

text: if

text: such

text: person

text: were

text: to

text: seek

text: a

text: passport

text: the

text: public

text: interests

text: might

text: require

text: that

text: his

text: application

text: be

text: denied

text: Ibid

text: See

text: also

text: Op

text: Atty

text: Gen

text: Orders

text: promulgated

text: by

text: the

text: Passport

text: Office

text: periodically

text: have

text: required

text: denial

text: of

text: passports

text: to

text: political

text: adventurers

text: and

text: revolutionary

text: radicals

text: the

text: latter

text: phrase

text: being

text: defined

text: to

text: include

text: those

text: who

text: wish

text: to

text: go

text: abroad

text: to

text: take

text: part

text: in

text: the

text: political

text: or

text: military

text: affairs

text: of

text: foreign

text: countries

text: in

text: ways

text: which

text: would

text: be

text: contrary

text: to

text: the

text: policy

text: or

text: inimical

text: to

text: the

text: welfare

text: of

text: the

text: United

text: States

text: See

text: shortly

text: after

text: the

text: end

text: of

text: World

text: War

text: I

text: Passport

text: Office

text: Instructions

text: of

text: May

text: in

text: Passport

text: Office

text: Instructions

text: of

text: July

text: in

text: Foreign

text: Service

text: Regulations

text: of

text: July

text: An

text: even

text: more

text: serious

text: error

text: of

text: the

text: Court

text: is

text: its

text: determination

text: that

text: the

text: Secretary

text: s

text: wartime

text: use

text: of

text: his

text: discretion

text: is

text: wholly

text: irrelevant

text: in

text: determining

text: what

text: discretionary

text: practices

text: were

text: approved

text: by

text: Congress

text: in

text: enactment

text: of

text: In

text: a

text: wholly

text: realistic

text: sense

text: there

text: is

text: no

text: peace

text: today

text: and

text: there

text: was

text: no

text: peace

text: in

text: At

text: both

text: times

text: the

text: state

text: of

text: national

text: emergency

text: declared

text: by

text: the

text: President

text: in

text: wherein

text: he

text: stated

text: that

text: world

text: conquest

text: by

text: communist

text: imperialism

text: is

text: the

text: goal

text: of

text: the

text: forces

text: of

text: aggression

text: that

text: have

text: been

text: loosed

text: upon

text: the

text: world

text: and

text: that

text: the

text: increasing

text: menace

text: of

text: the

text: forces

text: of

text: communist

text: aggression

text: requires

text: that

text: the

text: national

text: defense

text: of

text: the

text: United

text: States

text: be

text: strengthened

text: as

text: speedily

text: as

text: possible

text: was

text: in

text: full

text: effect

text: Proc

text: No

text: Stat

text: A

text: It

text: is

text: not

text: a

text: case

text: then

text: of

text: judging

text: what

text: may

text: be

text: done

text: in

text: peace

text: by

text: what

text: has

text: been

text: done

text: in

text: war

text: Professor

text: Jaffe

text: has

text: aptly

text: exposed

text: the

text: fallacy

text: upon

text: which

text: the

text: majority

text: proceeds

text: The

text: criterion

text: here

text: is

text: the

text: defense

text: of

text: the

text: country

text: from

text: external

text: enemies

text: It

text: is

text: asserted

text: that

text: the

text: precedents

text: of

text: war

text: have

text: no

text: relevance

text: to

text: peace

text: But

text: the

text: critical

text: consideration

text: is

text: defense

text: against

text: an

text: external

text: enemy

text: and

text: communication

text: abroad

text: between

text: our

text: citizens

text: and

text: the

text: enemy

text: cannot

text: by

text: its

text: nature

text: be

text: controlled

text: by

text: the

text: usual

text: criminal

text: process

text: The

text: facts

text: in

text: a

text: particular

text: case

text: as

text: to

text: the

text: citizen

text: s

text: intention

text: are

text: inevitably

text: speculative

text: all

text: is

text: to

text: be

text: done

text: after

text: the

text: bird

text: has

text: flown

text: Now

text: our

text: Congress

text: and

text: the

text: Administration

text: have

text: concluded

text: that

text: the

text: Communist

text: International

text: is

text: a

text: foreign

text: and

text: domestic

text: enemy

text: We

text: deal

text: with

text: its

text: domestic

text: aspect

text: by

text: criminal

text: process

text: we

text: would

text: seem

text: justified

text: in

text: dealing

text: with

text: its

text: external

text: aspect

text: by

text: exit

text: control

text: If

text: an

text: avowed

text: Communist

text: is

text: going

text: abroad

text: it

text: may

text: be

text: assumed

text: that

text: he

text: will

text: take

text: counsel

text: there

text: with

text: his

text: fellows

text: will

text: arrange

text: for

text: the

text: steady

text: and

text: dependable

text: flow

text: of

text: cash

text: and

text: information

text: and

text: do

text: his

text: bit

text: to

text: promote

text: the

text: purposes

text: of

text: the

text: conspiracy

text: Jaffe

text: The

text: Right

text: to

text: Travel

text: The

text: Passport

text: Problem

text: Foreign

text: Affairs

text: Were

text: this

text: a

text: time

text: of

text: peace

text: there

text: might

text: very

text: well

text: be

text: no

text: problem

text: for

text: us

text: to

text: decide

text: since

text: petitioners

text: then

text: would

text: not

text: need

text: a

text: passport

text: to

text: leave

text: the

text: country

text: The

text: very

text: structure

text: of

text: is

text: such

text: that

text: either

text: war

text: or

text: national

text: emergency

text: is

text: prerequisite

text: to

text: imposition

text: of

text: its

text: restrictions

text: Indeed

text: rather

text: than

text: being

text: irrelevant

text: the

text: wartime

text: practice

text: may

text: be

text: the

text: only

text: relevant

text: one

text: for

text: the

text: discretion

text: with

text: which

text: we

text: are

text: concerned

text: is

text: a

text: discretionary

text: control

text: over

text: international

text: travel

text: Yet

text: only

text: in

text: times

text: of

text: war

text: and

text: national

text: emergency

text: has

text: a

text: passport

text: been

text: required

text: to

text: leave

text: or

text: enter

text: this

text: country

text: and

text: hence

text: only

text: in

text: such

text: times

text: has

text: passport

text: power

text: necessarily

text: meant

text: power

text: to

text: control

text: travel

text: Finally

text: while

text: distinguishing

text: away

text: the

text: Secretary

text: s

text: passport

text: denials

text: in

text: wartime

text: the

text: majority

text: makes

text: no

text: attempt

text: to

text: distinguish

text: the

text: Secretary

text: s

text: practice

text: during

text: periods

text: when

text: there

text: has

text: been

text: no

text: official

text: state

text: of

text: war

text: but

text: when

text: nevertheless

text: a

text: presidential

text: proclamation

text: of

text: national

text: emergency

text: has

text: been

text: in

text: effect

text: the

text: very

text: situation

text: which

text: has

text: prevailed

text: since

text: the

text: end

text: of

text: World

text: War

text: II

text: Throughout

text: that

text: time

text: as

text: I

text: have

text: pointed

text: out

text: the

text: Secretary

text: refused

text: passports

text: to

text: those

text: whose

text: purpose

text: in

text: traveling

text: abroad

text: was

text: believed

text: to

text: be

text: to

text: subvert

text: the

text: interest

text: of

text: the

text: United

text: States

text: Report

text: of

text: the

text: Commission

text: on

text: Government

text: Security

text: supra

text: Numerous

text: specific

text: instances

text: of

text: passport

text: denials

text: on

text: security

text: grounds

text: during

text: the

text: years

text: were

text: reported

text: in

text: a

text: February

text: law

text: review

text: article

text: nearly

text: half

text: a

text: year

text: prior

text: to

text: passage

text: of

text: Note

text: Passport

text: Refusals

text: for

text: Political

text: Reasons

text: Yale

text: L

text: J

text: On

text: this

text: multiple

text: basis

text: then

text: I

text: am

text: constrained

text: to

text: disagree

text: with

text: the

text: majority

text: as

text: to

text: the

text: authority

text: of

text: the

text: Secretary

text: to

text: deny

text: petitioners

text: applications

text: for

text: passports

text: The

text: majority

text: s

text: resolution

text: of

text: the

text: authority

text: question

text: prevents

text: it

text: from

text: reaching

text: the

text: constitutional

text: issues

text: raised

text: by

text: petitioners

text: relating

text: to

text: claimed

text: unlawful

text: delegation

text: of

text: legislative

text: power

text: violation

text: of

text: free

text: speech

text: and

text: association

text: under

text: the

text: First

text: Amendment

text: and

text: violation

text: of

text: international

text: travel

text: under

text: the

text: Fifth

text: Amendment

text: In

text: view

text: of

text: that

text: it

text: would

text: be

text: inappropriate

text: for

text: me

text: as

text: a

text: dissenter

text: to

text: consider

text: those

text: questions

text: at

text: this

text: time

text: Cf

text: Peters

text: v

text: Hobby

text: U

text: S

text: Accordingly

text: I

text: would

text: affirm

text: on

text: the

text: issue

text: of

text: the

text: Secretary

text: s

text: authority

text: to

text: require

text: the

text: affidavits

text: involved

text: in

text: this

text: case

text: without

text: reaching

text: any

text: constitutional

text: questions

text: NOTES

text: CFR

text: provides

text: In

text: order

text: to

text: promote

text: the

text: national

text: interest

text: by

text: assuring

text: that

text: persons

text: who

text: support

text: the

text: world

text: Communist

text: movement

text: of

text: which

text: the

text: Communist

text: Party

text: is

text: an

text: integral

text: unit

text: may

text: not

text: through

text: use

text: of

text: United

text: States

text: passports

text: further

text: the

text: purposes

text: of

text: that

text: movement

text: no

text: passport

text: except

text: one

text: limited

text: for

text: direct

text: and

text: immediate

text: return

text: to

text: the

text: United

text: States

text: shall

text: be

text: issued

text: to

text: a

text: Persons

text: who

text: are

text: members

text: of

text: the

text: Communist

text: Party

text: or

text: who

text: have

text: recently

text: terminated

text: such

text: membership

text: under

text: such

text: circumstances

text: as

text: to

text: warrant

text: the

text: conclusion

text: not

text: otherwise

text: rebutted

text: by

text: the

text: evidence

text: that

text: they

text: continue

text: to

text: act

text: in

text: furtherance

text: of

text: the

text: interests

text: and

text: under

text: the

text: discipline

text: of

text: the

text: Communist

text: Party

text: b

text: Persons

text: regardless

text: of

text: the

text: formal

text: state

text: of

text: their

text: affiliation

text: with

text: the

text: Communist

text: Party

text: who

text: engage

text: in

text: activities

text: which

text: support

text: the

text: Communist

text: movement

text: under

text: such

text: circumstances

text: as

text: to

text: warrant

text: the

text: conclusion

text: not

text: otherwise

text: rebutted

text: by

text: the

text: evidence

text: that

text: they

text: have

text: engaged

text: in

text: such

text: activities

text: as

text: a

text: result

text: of

text: direction

text: domination

text: or

text: control

text: exercised

text: over

text: them

text: by

text: the

text: Communist

text: movement

text: c

text: Persons

text: regardless

text: of

text: the

text: formal

text: state

text: of

text: their

text: affiliation

text: with

text: the

text: Communist

text: Party

text: as

text: to

text: whom

text: there

text: is

text: reason

text: to

text: believe

text: on

text: the

text: balance

text: of

text: all

text: the

text: evidence

text: that

text: they

text: are

text: going

text: abroad

text: to

text: engage

text: in

text: activities

text: which

text: will

text: advance

text: the

text: Communist

text: movement

text: for

text: the

text: purpose

text: knowingly

text: and

text: wilfully

text: of

text: advancing

text: that

text: movement

text: Section

text: of

text: the

text: Regulations

text: provides

text: At

text: any

text: stage

text: of

text: the

text: proceedings

text: in

text: the

text: Passport

text: Division

text: or

text: before

text: the

text: Board

text: if

text: it

text: is

text: deemed

text: necessary

text: the

text: applicant

text: may

text: be

text: required

text: as

text: a

text: part

text: of

text: his

text: application

text: to

text: subscribe

text: under

text: oath

text: or

text: affirmation

text: to

text: a

text: statement

text: with

text: respect

text: to

text: present

text: or

text: past

text: membership

text: in

text: the

text: Communist

text: Party

text: If

text: applicant

text: states

text: that

text: he

text: is

text: a

text: Communist

text: refusal

text: of

text: a

text: passport

text: in

text: his

text: case

text: will

text: be

text: without

text: further

text: proceedings

text: Sections

text: and

text: of

text: the

text: Act

text: of

text: September

text: known

text: as

text: the

text: Internal

text: Security

text: Act

text: of

text: Stat

text: U

text: S

text: C

text: provide

text: that

text: it

text: shall

text: be

text: unlawful

text: when

text: a

text: Communist

text: organization

text: is

text: registered

text: under

text: the

text: Act

text: or

text: when

text: there

text: is

text: in

text: effect

text: a

text: final

text: order

text: of

text: the

text: Board

text: requiring

text: an

text: organization

text: to

text: register

text: for

text: any

text: member

text: having

text: knowledge

text: of

text: such

text: registry

text: and

text: order

text: to

text: apply

text: for

text: a

text: passport

text: or

text: for

text: any

text: official

text: to

text: issue

text: him

text: one

text: But

text: the

text: conditions

text: precedent

text: have

text: not

text: yet

text: materialized

text: That

text: section

text: provides

text: in

text: relevant

text: part

text: a

text: When

text: the

text: United

text: States

text: is

text: at

text: war

text: or

text: during

text: the

text: existence

text: of

text: any

text: national

text: emergency

text: proclaimed

text: by

text: the

text: President

text: and

text: the

text: President

text: shall

text: find

text: that

text: the

text: interests

text: of

text: the

text: United

text: States

text: require

text: that

text: restrictions

text: and

text: prohibitions

text: in

text: addition

text: to

text: those

text: provided

text: otherwise

text: than

text: by

text: this

text: section

text: be

text: imposed

text: upon

text: the

text: departure

text: of

text: persons

text: from

text: and

text: their

text: entry

text: into

text: the

text: United

text: States

text: and

text: shall

text: make

text: public

text: proclamation

text: thereof

text: it

text: shall

text: until

text: otherwise

text: ordered

text: by

text: the

text: President

text: or

text: the

text: Congress

text: be

text: unlawful

text: for

text: any

text: alien

text: to

text: depart

text: from

text: or

text: enter

text: or

text: attempt

text: to

text: depart

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text: or

text: enter

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text: United

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text: under

text: such

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text: any

text: person

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text: force

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text: otherwise

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text: President

text: and

text: subject

text: to

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text: limitations

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text: exceptions

text: as

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text: President

text: may

text: authorize

text: and

text: prescribe

text: be

text: unlawful

text: for

text: any

text: citizen

text: of

text: the

text: United

text: States

text: to

text: depart

text: from

text: or

text: enter

text: or

text: attempt

text: to

text: depart

text: from

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text: enter

text: the

text: United

text: States

text: unless

text: he

text: bears

text: a

text: valid

text: passport

text: Proc

text: No

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text: C

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text: Gen

text: Dept

text: Reg

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text: Hyde

text: International

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text: The

text: Secretary

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text: State

text: is

text: authorized

text: in

text: his

text: discretion

text: to

text: refuse

text: to

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text: a

text: passport

text: to

text: restrict

text: a

text: passport

text: for

text: use

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text: certain

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text: to

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text: it

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text: certain

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text: passport

text: already

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text: passport

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text: purpose

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text: use

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text: certain

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text: The

text: Department

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text: the

text: Secretary

text: of

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text: could

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text: discretion

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text: Secretary

text: Wilson

text: wrote

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text: April

text: The

text: issuance

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text: passports

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text: discretionary

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text: the

text: Secretary

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text: State

text: and

text: he

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text: reasons

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text: be

text: sufficient

text: direct

text: the

text: refusal

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text: a

text: passport

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text: an

text: American

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text: a

text: passport

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text: not

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text: be

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text: American

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text: Foreign

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text: duty

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text: executive

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text: American

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text: Article

text: reads

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text: the

text: future

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text: our

text: kingdom

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text: to

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text: securely

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text: land

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text: allegiance

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text: it

text: be

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text: time

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text: space

text: for

text: the

text: common

text: good

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text: kingdom

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text: prisoners

text: and

text: outlaws

text: according

text: to

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text: laws

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text: the

text: land

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text: of

text: the

text: people

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text: the

text: nation

text: at

text: war

text: against

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text: Merchants

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text: shall

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text: it

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text: see

text: Jaffe

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text: Passport

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text: J

text: Soc

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text: Commentaries

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text: use

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text: reviewed

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text: Francis

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text: in

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text: is

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text: the

text: majority

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text: reluctance

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text: practice

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text: the

text: Secretary

text: approved

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text: in

text: the

text: Act

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text: denial

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text: passports

text: on

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text: the

text: time

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text: the

text: Act

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text: statute

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text: statute

text: to

text: which

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text: and

text: that

text: there

text: is

text: abundant

text: evidence

text: set

text: out

text: in

text: this

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text: of

text: security

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text: before

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text: well

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text: after

text: For

text: a

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text: Communism

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text: necessity

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text: Hoover

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text: same

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text: Senator

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text: during

text: Senate

text: debate

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text: the

text: Act

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text: and

text: an

text: amendment

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text: the

text: Act

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text: House

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text: Senate

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text: Rec

text: Peacetime

text: exercise

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text: the

text: passport

text: power

text: may

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text: another

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text: hinge

text: entry

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text: of

text: a

text: passport

text: the

text: right

text: of

text: international

text: travel

text: of

text: a

text: United

text: States

text: citizen

text: who

text: cannot

text: secure

text: a

text: passport

text: will

text: thereby

text: be

text: curtailed

text: For

text: though

text: he

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text: out

text: of

text: this

text: country

text: he

text: cannot

text: get

text: into

text: another