Tom C. Clark

Name: Greene v. McElroy — Dissent
Author: Tom C. Clark

Summary

“Greene v. McElroy — Dissent”, is a work by Tom C. Clark. It explores elements such as program, the Munitions Board and Greene.

Quotes from Greene v. McElroy — Dissent (Tom C. Clark)

Tom C. Clark, Greene v. McElroy — Dissent

“ I shall not labor the point further than to say that in my opinion the procedures here do comport with that fairness required of administrative action in the security field. A score of our cases, as I have cited, support me in this position. Not one is to the contrary. And the action of the Court in striking down the program for lack of specific authorization is indeed strange, and hard for me to understand at this critical time of national emergency. The defense establishment should know-and now-whether its program is constitutional and, if not, wherein it is deficient. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ In holding that the Fifth Amendment protects Greene the Court ignores the basic consideration in the case, namely, that no person, save the President, has a constitutional right to access to governmental secrets. Even though such access is necessary for one to keep a job in private industry, he is still not entitled to the secrets. It matters not if as a consequence he is unable to secure a specific job or loses one he presently enjoys. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ By the 1953 Reorganization Plan, the functions of the Munitions Board were transferred to various Assistant Secretaries of Defense. The industrial security program was put under the Assistant Secretary of Defense for Manpower, Personnel, and Reserve Forces. Of course, this office received an appropriation each year. These hearings, to cite but two, certainly indicate an awareness on the part of Congress of the existence of the industrial security program, and the continued appropriations hardly be-speak an unwillingness on the part of Congress that it be carried on. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ The simple reason for this conclusion is that he has no constitutional right to the secrets. If access to its secrets is granted by the Government it is entirely permissive and may be revoked at any time. That is all that the Cabinet officers did here. It is done every day in governmental operation. The Court seems to hold that the access granted Greene was for his benefit. It was not. Access was granted to secure for the Government the supplies or services it needed. The contract with ERCO specifically provided for the action taken by the Cabinet officers. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ After holding that Greene has constitutional protection for his private job, the Court has ordered the President's Cabnet members to revoke their refusal to give Greene access to military secrets. [3] It strikes down the present regulations as being insufficiently authorized by either the President or the Congress because the procedures fail to provide for confrontation or cross-examination at Board hearings. Let us first consider that problem. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ Criteria were developed for the granting or denial of personnel and facility clearances in the performance of classified contracts. Work was started to establish a central security clearance register to centralize clearance data for ready reference by all departments and to prevent duplication in making clearance investigations. A joint Personnel Security Board administers this program, and the Industrial Employment Review Board hears appeals from security clearance denials.' Second Report of the Secretary of Defense, for the Fiscal Year 1949 (1950) , 85. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ The Munitions Board also established a Central Index Security Clearance File to serve as a clearing house for all indvid ual and facility clearances and denials, (and) developed a standard security requirements check list * * *.
Uniform standards for security investigations of facility and contractors' personnel are being developed * * *. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ Order No. 10501, Nov. 5, 1953, 18 Fed.Reg. 7049, 3 CFR (1949-1953 Comp.) , p. 979, § 1 (b) , 50 U.S.C.A. § 401 note.
Surely one does not have a constitutional right to have access to the Government's military secrets. ”

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Source: Wikisource

Tom C. Clark, Greene v. McElroy — Dissent

“ Among its functions were
' (1) to coordinate the appropriate activities within the National Military Establishment with regard to industrial matters, including the procurement * * * plans * * *; (2) to plan for the military aspects of industrial mobilization ”

Tom C. Clark

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