Passports and the Right to Travel: A Study of Administrative Control of the Citizen Preparedby the Legislative Reference Service, Library of Congres for the Subcommittee on State Department Organization and Foreign Operations, August 23, 1966
1966 - 174 Seiten
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abroad action activities administrative affairs alleged American appellant applicant area restrictions association authority believe Board cause citizen CLARK Communist Party Cong Congress considered constitutional Court criminal Cuba decision denial denied Department departure designate discretion dissenting District Court due process Dulles effect emergency enacted enter entry evidence Executive exercise existence fact filed final foreign freedom further Government grant grounds hearing held imposed intent interests International involved issuance issue issue passports judgment June JUSTICE Kent leaving legislative liberty limitations means membership ment movement necessary Office Opinion organization pass passport period permit persons political ports practice present President prior proclamation prohibition protection question reasons refused regulations relating request respect right to travel rules Secretary Stat statute supra tion travel abroad United unlawful unless valid violation
Seite 41 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice...
Seite 95 - Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.
Seite 89 - Shelton v. Tucker, 364 US 479 (1960). The Shelton Court viewed the issue as follows: In a series of decisions this Court has held that, even though the governmental purpose be legitimate and substantial, that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.
Seite 89 - Communist movement which, in its origins, Its development, and its present practice, is a world-wide revolutionary movement whose purpose it is, by treachery, deceit, infiltration into other groups (governmental and otherwise), espionage, sabotage, terrorism, and any other means deemed necessary, to establish a Communist totalitarian dictatorship in the countries throughout the world through the medium of a. world-wide Communist organization.
Seite 34 - 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.
Seite 46 - Shelton v. Tucker. 364 US 479. 488 (1960): "In a series of decisions this Court has held that, even though the governmental purpose be legitimate and substantial, that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.
Seite 4 - Act shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than ten years, or both ; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both...
Seite 89 - governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.
Seite 49 - ... 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.
Seite 33 - 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.