Felix Frankfurter

Name: Galvan v. Press — Opinion of the Court
Author: Felix Frankfurter

Summary

“Galvan v. Press — Opinion of the Court”, is a work by Felix Frankfurter. It explores elements such as the Communist Party, aliens and deportation.

Quotes from Galvan v. Press — Opinion of the Court (Felix Frankfurter)

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ Nevertheless, considering what it means to deport an alien who legally became part of the American community, and the extent to which, since he is a 'person,' an alien has the same protection for his life, liberty and property under the Due Process Clause as is afforded to a citizen, deportation without permitting the alien to prove that he was unaware of the Communist Party's advocacy of violence strikes one with a sense of harsh incongruity. ”

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Source: Wikisource

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ If due process bars Congress from enactments that shock the sense of fair play-which is the essence of due process-one is entitled to ask whether it is not beyond the power of Congress to deport an alien who was duped into joining the Communist Party, particularly when his conduct antedated the enactment of the legislation under which his deportation is sought. ”

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Source: Wikisource

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ And whatever might have been said at an earlier date for applying the ex post facto Clause, it has been the unbroken rule of this Court that it has no application to deportation.
We are not prepared to deem ourselves wiser or more sensitive to human rights than our predecessors, especially those who have been most zealous in protecting civil liberties under the Constitution, and must therefore under our constitutional system recognize congressional power in dealing with aliens, on the basis of which we are unable to find the Act of 1950 unconstitutional. ”

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Source: Wikisource

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ That Act made membership in an organization which advocates the overthrow of the Government of the United States by force or violence a ground for deportation, notwithstanding that membership in such organization had terminated before enactment of the statute. Under the 1940 Act, it was necessary to prove in each case, where membership in the Communist Party was made the basis of deportation, that the Party did, in fact, advocate the violent overthrow of the government. ”

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Source: Wikisource

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ In this respect-the dispensation with proof of the character of the Communist Party-the present case goes beyond Harisiades. But insofar as petitioner's constitutional claim is based on his ignorance that the Party was committed to violence, the same issue was before the Court with respect to at least one of the aliens in Harisiades.
The power of Congress over the admission of aliens and their right to remain is necessarily very broad, touching as it does basic aspects of national sovereignty, more particularly our foreign relations and the national security. ”

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Source: Wikisource

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ In describing the purpose of this clause, Senator McCarran, the Act's sponsor, said: 'Aliens who were innocent dupes when they joined a Communist Front organization, as distinguished from a Communist political organization (such as the Communist Party) , would likewise not ipso facto be excluded or deported.' 96 Cong.Rec. 14180. In view of this specific escape provision for members of other organizations, it seems clear that Congress did not exempt 'innocent' members of the Communist Party. ”

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Source: Wikisource

Felix Frankfurter, Galvan v. Press — Opinion of the Court

“ No. 111, 82d Cong., 1st Sess. 2; H.R.Rep. No. 118, 82d Cong., 1st Sess. 2. To illustrate what 'member' did not cover he inserted in the Record a memorandum containing the following language quoted from Colyer v. ”

Felix Frankfurter

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Quotes from Galvan v. Press — Opinion of the Court (Felix Frankfurter)

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