McCarran Internal Security Act
Encyclopedia
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran
(D-Nevada), is a United States federal law of the McCarthy
era. It was passed over President Harry Truman's veto. The anti-communist fervor was bi-partisan and only ten Democratic senators voted to uphold the veto.
It required Communist organizations to register with the United States Attorney General
and established the Subversive Activities Control Board
to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The act also contained an Emergency Detention statute, giving the President the authority to apprehend and detain “each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage.”
A key institution in the era of the Cold War
, it tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic
-controlled Congress overrode President Harry S. Truman
's veto to pass it.
President Truman called it "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798
," a "mockery of the Bill of Rights" and a "long step toward totalitarianism".
, which Congress had failed to pass.
Sections of the Act were ruled unconstitutional
by the Supreme Court
.
The Act modified the Espionage Act of 1917
, by taking Title 18 793(d) and modifying it slightly to create Title . Notably 793(e) was later used in several cases that did not involve 'traditional espionage' but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers
Russo/Ellsberg case (1972), the Morison
case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake
case (2010), and the Bradley Manning case (2010),
An Army message known as an ALARACT (ALARACT 333/2011 DTG R 311939Z AUG 11) states "SENIOR COMMANDERS HAVE SPECIFIC AUTHORITY TO REGULATE PRIVATELY OWNED WEAPONS, EXPLOSIVES, AND AMMUNITION ON ARMY INSTALLATIONS." The ALARACT refers to AR 190-11 and public law (SECTION 1062, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011(PUBLIC LAW 111-383)). This reference is a truncated version of the public law . The actual wording of the public law restricts commanders to only exercise this authority over military and paid DoD employees while on duty on a military installation. This overstep of authority is similar to the reason given by the US Supreme Court for repealing 50 USC 798. Summary of authority: ALARACT cites AR 190-11 and public law; AR 190-11 cites McCarran Internal Security Act (codified as 50 USC 797).
of 1971. For example, violation of (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.
The part of the act codified as 50 USC 798 has been repealed in its entirety for violating the 1st Amendment.
Senator Karl Earl Mundt
also introduced into the law an addition to Title , criminalizing certain people (such as government employees) from passing certain classified information to agents of foreign governments. He claimed this was because of experiences with Alger Hiss
, Elizabeth Bentley
, HUAC, etc.
(the SIGINT statute) was not part of this Act, although it was passed around the same time. It criminalized, under certain circumstances, the release of communications intelligence and cryptography info.
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran
(D-Nevada), is a United States federal law of the McCarthy
era. It was passed over President Harry Truman's veto. The anti-communist fervor was bi-partisan and only ten Democratic senators voted to uphold the veto.
It required Communist organizations to register with the United States Attorney General
and established the Subversive Activities Control Board
to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The act also contained an Emergency Detention statute, giving the President the authority to apprehend and detain “each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage.”http://etd.lsu.edu/docs/available/etd-04072006-093608/unrestricted/Patenaude_thesis.pdf
A key institution in the era of the Cold War
, it tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic
-controlled Congress overrode President Harry S. Truman
's veto to pass it.
President Truman called it "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798
," a "mockery of the Bill of Rights" and a "long step toward totalitarianism".http://www.spartacus.schoolnet.co.uk/USAinternal.htmhttp://wadsworth.com/history_d/special_features/ilrn_legacy/wawc2c01c/content/wciv2/readings/truman6.html
, which Congress had failed to pass.
Sections of the Act were ruled unconstitutional
by the Supreme Court
.
The Act modified the Espionage Act of 1917
, by taking Title 18 793(d) and modifying it slightly to create Title . Notably 793(e) was later used in several cases that did not involve 'traditional espionage' but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers
Russo/Ellsberg case (1972), the Morison
case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake
case (2010), and the Bradley Manning case (2010),
Russo & Ellsberg,
Morison,Franklin,
Drake,
Manning
An Army message known as an ALARACT (ALARACT 333/2011 DTG R 311939Z AUG 11) states "SENIOR COMMANDERS HAVE SPECIFIC AUTHORITY TO REGULATE PRIVATELY OWNED WEAPONS, EXPLOSIVES, AND AMMUNITION ON ARMY INSTALLATIONS." The ALARACT refers to AR 190-11 and public law (SECTION 1062, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011(PUBLIC LAW 111-383)). This reference is a truncated version of the public law . The actual wording of the public law restricts commanders to only exercise this authority over military and paid DoD employees while on duty on a military installation. This overstep of authority is similar to the reason given by the US Supreme Court for repealing 50 USC 798. Summary of authority: ALARACT cites AR 190-11 and public law; AR 190-11 cites McCarran Internal Security Act (codified as 50 USC 797).
of 1971. For example, violation of (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.United States Department of Defense DoD Directive 5200.8, "Security of DoD Installations and Resources", 25 April 1991, retrieved August 26, 2005.
The part of the act codified as 50 USC 798 has been repealed in its entirety for violating the 1st Amendment.
Senator Karl Earl Mundt
also introduced into the law an addition to Title , criminalizing certain people (such as government employees) from passing certain classified information to agents of foreign governments. He claimed this was because of experiences with Alger Hiss
, Elizabeth Bentley
, HUAC, etc.http://law.justia.com/cases/federal/appellate-courts/F2/317/546/391121/
(the SIGINT statute) was not part of this Act, although it was passed around the same time. It criminalized, under certain circumstances, the release of communications intelligence and cryptography info.
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran
(D-Nevada), is a United States federal law of the McCarthy
era. It was passed over President Harry Truman's veto. The anti-communist fervor was bi-partisan and only ten Democratic senators voted to uphold the veto.
It required Communist organizations to register with the United States Attorney General
and established the Subversive Activities Control Board
to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The act also contained an Emergency Detention statute, giving the President the authority to apprehend and detain “each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage.”http://etd.lsu.edu/docs/available/etd-04072006-093608/unrestricted/Patenaude_thesis.pdf
A key institution in the era of the Cold War
, it tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic
-controlled Congress overrode President Harry S. Truman
's veto to pass it.
President Truman called it "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798
," a "mockery of the Bill of Rights" and a "long step toward totalitarianism".http://www.spartacus.schoolnet.co.uk/USAinternal.htmhttp://wadsworth.com/history_d/special_features/ilrn_legacy/wawc2c01c/content/wciv2/readings/truman6.html
, which Congress had failed to pass.
Sections of the Act were ruled unconstitutional
by the Supreme Court
.
The Act modified the Espionage Act of 1917
, by taking Title 18 793(d) and modifying it slightly to create Title . Notably 793(e) was later used in several cases that did not involve 'traditional espionage' but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers
Russo/Ellsberg case (1972), the Morison
case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake
case (2010), and the Bradley Manning case (2010),
Russo & Ellsberg,
Morison,Franklin,
Drake,
Manning
An Army message known as an ALARACT (ALARACT 333/2011 DTG R 311939Z AUG 11) states "SENIOR COMMANDERS HAVE SPECIFIC AUTHORITY TO REGULATE PRIVATELY OWNED WEAPONS, EXPLOSIVES, AND AMMUNITION ON ARMY INSTALLATIONS." The ALARACT refers to AR 190-11 and public law (SECTION 1062, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011(PUBLIC LAW 111-383)). This reference is a truncated version of the public law . The actual wording of the public law restricts commanders to only exercise this authority over military and paid DoD employees while on duty on a military installation. This overstep of authority is similar to the reason given by the US Supreme Court for repealing 50 USC 798. Summary of authority: ALARACT cites AR 190-11 and public law; AR 190-11 cites McCarran Internal Security Act (codified as 50 USC 797).
of 1971. For example, violation of (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.United States Department of Defense DoD Directive 5200.8, "Security of DoD Installations and Resources", 25 April 1991, retrieved August 26, 2005.
The part of the act codified as 50 USC 798 has been repealed in its entirety for violating the 1st Amendment.
Senator Karl Earl Mundt
also introduced into the law an addition to Title , criminalizing certain people (such as government employees) from passing certain classified information to agents of foreign governments. He claimed this was because of experiences with Alger Hiss
, Elizabeth Bentley
, HUAC, etc.http://law.justia.com/cases/federal/appellate-courts/F2/317/546/391121/
(the SIGINT statute) was not part of this Act, although it was passed around the same time. It criminalized, under certain circumstances, the release of communications intelligence and cryptography info. Edgar and Schmidt, 1973
, preventing him from traveling outside the United States.
Pat McCarran
Patrick Anthony McCarran was a Democratic United States Senator from Nevada from 1933 until 1954, and was noted for his strong anti-Communist stance.-Early life and career:...
(D-Nevada), is a United States federal law of the McCarthy
McCarthyism
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
era. It was passed over President Harry Truman's veto. The anti-communist fervor was bi-partisan and only ten Democratic senators voted to uphold the veto.
Detail of Act
Its Title II was the Emergency Detention Act.It required Communist organizations to register with the United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
and established the Subversive Activities Control Board
Subversive Activities Control Board
The Subversive Activities Control Board was a United States government committee to investigate Communist infiltration of American society during the 1950s Red Scare....
to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The act also contained an Emergency Detention statute, giving the President the authority to apprehend and detain “each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage.”
A key institution in the era of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, it tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-controlled Congress overrode President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
's veto to pass it.
President Truman called it "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798
Alien and Sedition Acts
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
," a "mockery of the Bill of Rights" and a "long step toward totalitarianism".
Role of earlier proposed legislation
Several key sections of the Act were taken from the earlier Mundt–Ferguson Communist Registration BillMundt–Ferguson Communist Registration Bill
The Mundt–Ferguson Communist Registration Bill was a proposed law that would have required all members of the Communist Party of the United States register with the Attorney General....
, which Congress had failed to pass.
Sections of the Act were ruled unconstitutional
Constitutionality
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...
by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
The Act modified the Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, by taking Title 18 793(d) and modifying it slightly to create Title . Notably 793(e) was later used in several cases that did not involve 'traditional espionage' but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
Russo/Ellsberg case (1972), the Morison
Morison
Morison is a surname found in the English-speaking world. It is a variant form of Morrison.-People with this surname:* James Cotter Morison , English writer* Robert Morison , Scottish botanist...
case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake
Thomas Andrews Drake
Thomas Andrews Drake is a former senior official of the U.S. National Security Agency , decorated United States Air Force and United States Navy veteran, computer software expert, linguist, management and leadership specialist, and whistleblower. In 2010 the government alleged that he 'mishandled'...
case (2010), and the Bradley Manning case (2010),
Use of Act by US military
The US military continues to use 50 USC 797, citing it in US Army regulation AR 190-11, to support that installation commanders have authority to suspend the 2nd Amendment. The ACT itself does not state this authority, but it is interpreted in the same manner as the suspended portion codified as 50 USC 798.An Army message known as an ALARACT (ALARACT 333/2011 DTG R 311939Z AUG 11) states "SENIOR COMMANDERS HAVE SPECIFIC AUTHORITY TO REGULATE PRIVATELY OWNED WEAPONS, EXPLOSIVES, AND AMMUNITION ON ARMY INSTALLATIONS." The ALARACT refers to AR 190-11 and public law (SECTION 1062, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011(PUBLIC LAW 111-383)). This reference is a truncated version of the public law . The actual wording of the public law restricts commanders to only exercise this authority over military and paid DoD employees while on duty on a military installation. This overstep of authority is similar to the reason given by the US Supreme Court for repealing 50 USC 798. Summary of authority: ALARACT cites AR 190-11 and public law; AR 190-11 cites McCarran Internal Security Act (codified as 50 USC 797).
Part repealing
Part of the Act has been repealed, for example by the Non-Detention ActNon-Detention Act
The Non-Detention Act of 1971 was passed to repeal portions of McCarran Internal Security Act of 1950, , specifically Title II, the "Emergency Detention Act". It had allowed for detention of suspected subversives without the normal Constitutional checks required for imprisonment. The Non-Detention...
of 1971. For example, violation of (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.
The part of the act codified as 50 USC 798 has been repealed in its entirety for violating the 1st Amendment.
Senator Karl Earl Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
also introduced into the law an addition to Title , criminalizing certain people (such as government employees) from passing certain classified information to agents of foreign governments. He claimed this was because of experiences with Alger Hiss
Alger Hiss
Alger Hiss was an American lawyer, government official, author, and lecturer. He was involved in the establishment of the United Nations both as a U.S. State Department and U.N. official...
, Elizabeth Bentley
Elizabeth Bentley
Elizabeth Terrill Bentley was an American spy for the Soviet Union from 1938 until 1945. In 1945 she defected from the Communist Party and Soviet intelligence and became an informer for the U.S. She exposed two networks of spies, ultimately naming over 80 Americans who had engaged in espionage for...
, HUAC, etc.
(the SIGINT statute) was not part of this Act, although it was passed around the same time. It criminalized, under certain circumstances, the release of communications intelligence and cryptography info.
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran
Pat McCarran
Patrick Anthony McCarran was a Democratic United States Senator from Nevada from 1933 until 1954, and was noted for his strong anti-Communist stance.-Early life and career:...
(D-Nevada), is a United States federal law of the McCarthy
McCarthyism
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
era. It was passed over President Harry Truman's veto. The anti-communist fervor was bi-partisan and only ten Democratic senators voted to uphold the veto.
Detail of Act
Its Title II was the Emergency Detention Act.It required Communist organizations to register with the United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
and established the Subversive Activities Control Board
Subversive Activities Control Board
The Subversive Activities Control Board was a United States government committee to investigate Communist infiltration of American society during the 1950s Red Scare....
to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The act also contained an Emergency Detention statute, giving the President the authority to apprehend and detain “each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage.”http://etd.lsu.edu/docs/available/etd-04072006-093608/unrestricted/Patenaude_thesis.pdf
A key institution in the era of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, it tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-controlled Congress overrode President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
's veto to pass it.
President Truman called it "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798
Alien and Sedition Acts
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
," a "mockery of the Bill of Rights" and a "long step toward totalitarianism".http://www.spartacus.schoolnet.co.uk/USAinternal.htmhttp://wadsworth.com/history_d/special_features/ilrn_legacy/wawc2c01c/content/wciv2/readings/truman6.html
Role of earlier proposed legislation
Several key sections of the Act were taken from the earlier Mundt–Ferguson Communist Registration BillMundt–Ferguson Communist Registration Bill
The Mundt–Ferguson Communist Registration Bill was a proposed law that would have required all members of the Communist Party of the United States register with the Attorney General....
, which Congress had failed to pass.
Sections of the Act were ruled unconstitutional
Constitutionality
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...
by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
The Act modified the Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, by taking Title 18 793(d) and modifying it slightly to create Title . Notably 793(e) was later used in several cases that did not involve 'traditional espionage' but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
Russo/Ellsberg case (1972), the Morison
Morison
Morison is a surname found in the English-speaking world. It is a variant form of Morrison.-People with this surname:* James Cotter Morison , English writer* Robert Morison , Scottish botanist...
case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake
Thomas Andrews Drake
Thomas Andrews Drake is a former senior official of the U.S. National Security Agency , decorated United States Air Force and United States Navy veteran, computer software expert, linguist, management and leadership specialist, and whistleblower. In 2010 the government alleged that he 'mishandled'...
case (2010), and the Bradley Manning case (2010),
Russo & Ellsberg,
Morison,Franklin,
Drake,
Manning
Use of Act by US military
The US military continues to use 50 USC 797, citing it in US Army regulation AR 190-11, to support that installation commanders have authority to suspend the 2nd Amendment. The ACT itself does not state this authority, but it is interpreted in the same manner as the suspended portion codified as 50 USC 798.An Army message known as an ALARACT (ALARACT 333/2011 DTG R 311939Z AUG 11) states "SENIOR COMMANDERS HAVE SPECIFIC AUTHORITY TO REGULATE PRIVATELY OWNED WEAPONS, EXPLOSIVES, AND AMMUNITION ON ARMY INSTALLATIONS." The ALARACT refers to AR 190-11 and public law (SECTION 1062, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011(PUBLIC LAW 111-383)). This reference is a truncated version of the public law . The actual wording of the public law restricts commanders to only exercise this authority over military and paid DoD employees while on duty on a military installation. This overstep of authority is similar to the reason given by the US Supreme Court for repealing 50 USC 798. Summary of authority: ALARACT cites AR 190-11 and public law; AR 190-11 cites McCarran Internal Security Act (codified as 50 USC 797).
Part repealing
Part of the Act has been repealed, for example by the Non-Detention ActNon-Detention Act
The Non-Detention Act of 1971 was passed to repeal portions of McCarran Internal Security Act of 1950, , specifically Title II, the "Emergency Detention Act". It had allowed for detention of suspected subversives without the normal Constitutional checks required for imprisonment. The Non-Detention...
of 1971. For example, violation of (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.United States Department of Defense DoD Directive 5200.8, "Security of DoD Installations and Resources", 25 April 1991, retrieved August 26, 2005.
The part of the act codified as 50 USC 798 has been repealed in its entirety for violating the 1st Amendment.
Senator Karl Earl Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
also introduced into the law an addition to Title , criminalizing certain people (such as government employees) from passing certain classified information to agents of foreign governments. He claimed this was because of experiences with Alger Hiss
Alger Hiss
Alger Hiss was an American lawyer, government official, author, and lecturer. He was involved in the establishment of the United Nations both as a U.S. State Department and U.N. official...
, Elizabeth Bentley
Elizabeth Bentley
Elizabeth Terrill Bentley was an American spy for the Soviet Union from 1938 until 1945. In 1945 she defected from the Communist Party and Soviet intelligence and became an informer for the U.S. She exposed two networks of spies, ultimately naming over 80 Americans who had engaged in espionage for...
, HUAC, etc.http://law.justia.com/cases/federal/appellate-courts/F2/317/546/391121/
(the SIGINT statute) was not part of this Act, although it was passed around the same time. It criminalized, under certain circumstances, the release of communications intelligence and cryptography info.
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran
Pat McCarran
Patrick Anthony McCarran was a Democratic United States Senator from Nevada from 1933 until 1954, and was noted for his strong anti-Communist stance.-Early life and career:...
(D-Nevada), is a United States federal law of the McCarthy
McCarthyism
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
era. It was passed over President Harry Truman's veto. The anti-communist fervor was bi-partisan and only ten Democratic senators voted to uphold the veto.
Detail of Act
Its Title II was the Emergency Detention Act.It required Communist organizations to register with the United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
and established the Subversive Activities Control Board
Subversive Activities Control Board
The Subversive Activities Control Board was a United States government committee to investigate Communist infiltration of American society during the 1950s Red Scare....
to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The act also contained an Emergency Detention statute, giving the President the authority to apprehend and detain “each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage.”http://etd.lsu.edu/docs/available/etd-04072006-093608/unrestricted/Patenaude_thesis.pdf
A key institution in the era of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, it tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-controlled Congress overrode President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
's veto to pass it.
President Truman called it "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798
Alien and Sedition Acts
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
," a "mockery of the Bill of Rights" and a "long step toward totalitarianism".http://www.spartacus.schoolnet.co.uk/USAinternal.htmhttp://wadsworth.com/history_d/special_features/ilrn_legacy/wawc2c01c/content/wciv2/readings/truman6.html
Role of earlier proposed legislation
Several key sections of the Act were taken from the earlier Mundt–Ferguson Communist Registration BillMundt–Ferguson Communist Registration Bill
The Mundt–Ferguson Communist Registration Bill was a proposed law that would have required all members of the Communist Party of the United States register with the Attorney General....
, which Congress had failed to pass.
Sections of the Act were ruled unconstitutional
Constitutionality
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...
by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
The Act modified the Espionage Act of 1917
Espionage Act of 1917
The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, by taking Title 18 793(d) and modifying it slightly to create Title . Notably 793(e) was later used in several cases that did not involve 'traditional espionage' but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
Russo/Ellsberg case (1972), the Morison
Morison
Morison is a surname found in the English-speaking world. It is a variant form of Morrison.-People with this surname:* James Cotter Morison , English writer* Robert Morison , Scottish botanist...
case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake
Thomas Andrews Drake
Thomas Andrews Drake is a former senior official of the U.S. National Security Agency , decorated United States Air Force and United States Navy veteran, computer software expert, linguist, management and leadership specialist, and whistleblower. In 2010 the government alleged that he 'mishandled'...
case (2010), and the Bradley Manning case (2010),
Russo & Ellsberg,
Morison,Franklin,
Drake,
Manning
Use of Act by US military
The US military continues to use 50 USC 797, citing it in US Army regulation AR 190-11, to support that installation commanders have authority to suspend the 2nd Amendment. The ACT itself does not state this authority, but it is interpreted in the same manner as the suspended portion codified as 50 USC 798.An Army message known as an ALARACT (ALARACT 333/2011 DTG R 311939Z AUG 11) states "SENIOR COMMANDERS HAVE SPECIFIC AUTHORITY TO REGULATE PRIVATELY OWNED WEAPONS, EXPLOSIVES, AND AMMUNITION ON ARMY INSTALLATIONS." The ALARACT refers to AR 190-11 and public law (SECTION 1062, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011(PUBLIC LAW 111-383)). This reference is a truncated version of the public law . The actual wording of the public law restricts commanders to only exercise this authority over military and paid DoD employees while on duty on a military installation. This overstep of authority is similar to the reason given by the US Supreme Court for repealing 50 USC 798. Summary of authority: ALARACT cites AR 190-11 and public law; AR 190-11 cites McCarran Internal Security Act (codified as 50 USC 797).
Part repealing
Part of the Act has been repealed, for example by the Non-Detention ActNon-Detention Act
The Non-Detention Act of 1971 was passed to repeal portions of McCarran Internal Security Act of 1950, , specifically Title II, the "Emergency Detention Act". It had allowed for detention of suspected subversives without the normal Constitutional checks required for imprisonment. The Non-Detention...
of 1971. For example, violation of (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.United States Department of Defense DoD Directive 5200.8, "Security of DoD Installations and Resources", 25 April 1991, retrieved August 26, 2005.
The part of the act codified as 50 USC 798 has been repealed in its entirety for violating the 1st Amendment.
Senator Karl Earl Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
also introduced into the law an addition to Title , criminalizing certain people (such as government employees) from passing certain classified information to agents of foreign governments. He claimed this was because of experiences with Alger Hiss
Alger Hiss
Alger Hiss was an American lawyer, government official, author, and lecturer. He was involved in the establishment of the United Nations both as a U.S. State Department and U.N. official...
, Elizabeth Bentley
Elizabeth Bentley
Elizabeth Terrill Bentley was an American spy for the Soviet Union from 1938 until 1945. In 1945 she defected from the Communist Party and Soviet intelligence and became an informer for the U.S. She exposed two networks of spies, ultimately naming over 80 Americans who had engaged in espionage for...
, HUAC, etc.http://law.justia.com/cases/federal/appellate-courts/F2/317/546/391121/
(the SIGINT statute) was not part of this Act, although it was passed around the same time. It criminalized, under certain circumstances, the release of communications intelligence and cryptography info. Edgar and Schmidt, 1973
Affected notable people
The bill revoked the passport of the renowned singer and actor Paul RobesonPaul Robeson
Paul Leroy Robeson was an American concert singer , recording artist, actor, athlete, scholar who was an advocate for the Civil Rights Movement in the first half of the twentieth century...
, preventing him from traveling outside the United States.
See also
- Alien Registration Act
- Article 58 (RSFSR Penal Code)Article 58 (RSFSR Penal Code)Article 58 of the Russian SFSR Penal Code was put in force on 25 February 1927 to arrest those suspected of counter-revolutionary activities. It was revised several times...
(Soviet Russia) - Berufsbeamtengesetz, Reichstag Fire DecreeReichstag Fire DecreeThe Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...
, The Malicious Practices Act 1933The Malicious Practices Act 1933The Malicious Practices Act was passed on the 21st March 1933 in Nazi Germany. It was part of a series of events that occurred within 1933, which marked the brutality and resilience of the Nazi party. From here on life for thousands of Germans would be controlled and monitored for those dubbed as...
(Nazi Germany) - Communist Registration ActCommunist registration actCommunist registration acts were laws proposed and often enacted by the United States Congress and many American state legislatures during the Second Red Scare. These laws required members, sympathizers, and affiliated organizations of the Communist Party of the United States to register with the...
- Espionage Act of 1917Espionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
- Hatch Act of 1939Hatch Act of 1939The Hatch Act of 1939 is a United States federal law whose main provision is to prohibit federal employees in the executive branch of the federal government, except the President and the Vice President, from engaging in partisan political activity...
- House Un-American Activities CommitteeHouse Un-American Activities CommitteeThe House Committee on Un-American Activities or House Un-American Activities Committee was an investigative committee of the United States House of Representatives. In 1969, the House changed the committee's name to "House Committee on Internal Security"...
(HUAC) - Inciting subversion of state powerInciting subversion of state powerInciting subversion of state power is a crime under the law of the People's Republic of China. It is article 105, paragraph 2 of the 1997 revision of the People's Republic of China's Penal Code....
(Chinese law) - McCarran-Walter Act
- McCarthyismMcCarthyismMcCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
- Second Red Scare
External links
- The Full Text of the McCarran Internal Security Act (from Charles University, Prague, Czech Republic)
- Department of Defense Instruction, December 2005 (from Defense Technical Information Center)