Tom C. Clark

“ It quoted at length, and specifically adopted, the Public Health Service report which recommended that the term 'psychopathic personality' be used to 'specify such types of pathologic behavior as homosexuality or sexual perversion.' We, therefore, conclude that the Congress used the phrase 'psychopathic personality' not in the clinical sense, but to effectuate its purpose to exclude from entry all homosexuals and other sex perverts.
Petitioner stresses that only persons afflicted with psychopathic personality are excludable. ”

“ However, this is where 'the exaction of obedience to a rule or standard * * * was so vague and indefinite as really to be no rule or standard at all. * * *' In short, the exaction must strip a participant of his rights to come within the principle of the cases. ”

“ It has long been held that the Congress has plenary power to make rules for the admission of aliens and to exclude those who possess those characteristics which Congress has forbidden. See The Chinese Exclusion Case (Chae Chan Ping v. United States) , 130 U.S. 581, 9 S.Ct. 623, 32 L.Ed. 1068 (1889) . Here Congress commanded that homosexuals not be allowed to enter. The petitioner was found to have that characteristic and was ordered deported. The basis of the deportation order was his affliction for a long period of time prior to entry, i.e., six and one-half years before his entry. ”