In re James K. Walker
Encyclopedia
In re James K. Walker is a case challenging the denial of passport issuance due to child support arrears
under 42 USC 652(k), enacted in 1996 as part of the Personal Responsibility and Work Opportunity Act
.
for the Western District of Texas to remove a "hold" placed on his passport by the Secretary of State
, after the Attorney General of Texas notified the State Department of Walker's failure to pay child support
obligations and requested the hold. Walker argued that in order to repay the child support arrears, he needed to work, and that to work he needed back surgery. In order to have the surgery and to be able to live during the recuperation period, he claimed he needed to be with his wife—who was in the military, stationed in Germany
—and thus needed a valid passport.
, the principle of justiciability
prevented the court from interfering with the Secretary of State's exercise of executive authority in placing a hold on the debtor's passport—or with the Secretary of Health and Human Services's exercise of authority in certifying the debtor's child-support obligations to the Secretary of State in order to initiate that hold.
and the right to travel
. According the Court, "If the law is otherwise constitutional, principles of justiability prevent this court from interfering with the Secretary of State's exercise of executive authority."
The court ruled that "the manner in which the Secretary elects to deny a passport to a given applicant must not be arbitrary or capricious, lest it violate the proscriptions of the Equal Protection Clause", citing Shactman v Dulles, 255 F2d 938 (D.C. Circuit 1955). It cited Eunique v Powell regarding the right to travel, affirming that the right to international travel is not a fundamental right. It then looked at "whether Congress had the power to make such a law [42 USC 652(k)] in the first instance", citing Haig v. Agee
. It ruled that 42 USC 652(k) was a valid exercise of Congress's authority under the Spending Clause, citing Kansas v US (214 F.3d 1196, 1198 [10th Circuit]).
Arrears
Arrears is a legal term for the part of a debt that is overdue after missing one or more required payments. The amount of the arrears is the amount accrued from the date on which the first missed payment was due...
under 42 USC 652(k), enacted in 1996 as part of the Personal Responsibility and Work Opportunity Act
Personal Responsibility and Work Opportunity Act
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a United States federal law considered to be a fundamental shift in both the method and goal of federal cash assistance to the poor. The bill added a workforce development component to welfare legislation, encouraging...
.
Facts of the case
Debtor James K. Walker sought judicial intervention in the United States Bankruptcy CourtUnited States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
for the Western District of Texas to remove a "hold" placed on his passport by the Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
, after the Attorney General of Texas notified the State Department of Walker's failure to pay child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
obligations and requested the hold. Walker argued that in order to repay the child support arrears, he needed to work, and that to work he needed back surgery. In order to have the surgery and to be able to live during the recuperation period, he claimed he needed to be with his wife—who was in the military, stationed in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
—and thus needed a valid passport.
Decision
Bankruptcy Judge Leif M. Clark held that since the law was constitutionalConstitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
, the principle of justiciability
Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual...
prevented the court from interfering with the Secretary of State's exercise of executive authority in placing a hold on the debtor's passport—or with the Secretary of Health and Human Services's exercise of authority in certifying the debtor's child-support obligations to the Secretary of State in order to initiate that hold.
Opinion
The Bankruptcy Court first examined the limitations on power of coordinate branches of government, and proceeded to an examination of the constitutional issue of due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and the right to travel
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
. According the Court, "If the law is otherwise constitutional, principles of justiability prevent this court from interfering with the Secretary of State's exercise of executive authority."
The court ruled that "the manner in which the Secretary elects to deny a passport to a given applicant must not be arbitrary or capricious, lest it violate the proscriptions of the Equal Protection Clause", citing Shactman v Dulles, 255 F2d 938 (D.C. Circuit 1955). It cited Eunique v Powell regarding the right to travel, affirming that the right to international travel is not a fundamental right. It then looked at "whether Congress had the power to make such a law [42 USC 652(k)] in the first instance", citing Haig v. Agee
Haig v. Agee
Haig v. Agee, 453 U.S. 280 , is a U.S. Supreme Court case involving Congressional delegation of authority over control of passports and the right to international travel. Philip Agee was an ex-Central Intelligence Agency agent living in West Germany who in 1974 declared a "campaign to fight the U.S...
. It ruled that 42 USC 652(k) was a valid exercise of Congress's authority under the Spending Clause, citing Kansas v US (214 F.3d 1196, 1198 [10th Circuit]).