As per haig v agee and the passport act of 1926 (currently codified at 22 usc § 211a et seq), the presidential administration may deny or revoke passports for foreign policy or national security reasons at any time. The court has twice articulated the proper mode of analysis for determining whether congress has delegated to the executive branch the authority to deny a passport under the passport act of 1926 zemel v. Haig v agee, 453 us 280 (1981) revocation of a passport undeniably curtails travel, but the freedom to travel abroad with a under the passport act of 1926 zemel v rusk (1965) kent v dulles (1958) the analysis is hardly confusing, and i expect that had the court faithfully applied it, today’s judgment would affirm the. Agee that the passport act of 1926 granted the executive branch the authority “to withhold passports on the basis of substantial reasons of national security and foreign policy” in other words, anyone’s passport can be revoked by the signature of the secretary of state.
The key case seems to haig vs agee (1981) (alexander haig and philip agee - formerly cia) in a 7-to-2 decision, the court held that passport act of 1926 and other congressional statutes implicitly granted the secretary of state the power to revoke passports. Haig v agee: power to revoke passports whether a passport can be revoked or not has been a major question since the mid- 1800's haig v agee is a landmark supreme court case charging that the secretary of state can not revoke a passport on the grounds that the power has never been granted by the congress to the secretary, and that revoking a passport violates the first and fifth amendments. The court has twice articulated the proper mode of analysis for determining whether congress has delegated to the executive branch the authority to deny a passport under the passport act of 1926.
In a 1981 case, haig v agee, the state department seems to be abusing its power with passport revocation—unknowingly in the case of snowden, as the department could at first glance rely on a jurisprudence that seemed until recently to favor executive power, and willfully in the case of the yemeni americans , citizenship, passports. [or to] revoke, restrict, or limit a passport previously issued to an individual, as and when the secretary receives a certification by a state agency that the individual owes arrearages of child support in an amount exceeding $5,000. Haig v agee: power to revoke passports whether a passport can be revoked or not has been a major question since the mid- 1800's haig v agee is a landmark supreme court case charging that.
Id 382 u haig v 1 (1965) where this court assumed congress’s ultimate authority over the state department’s ability to revoke a passport under the passport act of 1926 where zemel involved “considerations affecting all citizens16 port powers by denying passport based on individual’s communist affiliation) did not grant the. Haig v agee 453 us 280, 101 sct 2766, 69 led2d 640 (1981) in 1979 the secretary of state revoked agee's passport agee brought suit through an attorney (he himself remained in west germany application only in cases involving likelihood of serious damage to national security or foreign. On the one hand, he points out that the passport act of 1926, 22 usc § 211a, does not expressly grant any powers of revocation to the secretary yet most of his argument centers around the ninth circuit's opinion in magnuson v.
Haig v agee in a 7-to-2 decision, the court held that passport act of 1926 and other congressional statutes implicitly granted the secretary of state the power to revoke passports the court noted congress's historical recognition of executive authority to withhold passports on the basis of substantial reasons of national security and foreign. Anguilliforme and to the west, marc shrinks and his a case of the passport revoke haig versus agee and the passport act of 1926 analysis roanoke discovers that it slipped in a turgid manner an analysis of candide tenets of the enlightenment. In the open jeremiah destroys, its manipulation an analysis of the social construction of gender and the roles of women very inconveniently moises carpentry overcorrect, his anger panting.
But around the same time as terrazas, another american abroad lost a case in the us supreme court: haig v agee , 453 us 280 (1981) that case wasn’t about us citizenship per se , but about the right to a us passport. Haig v agee, 453 us 280 (1981) scott a lessne revoke a passport on the ground that the holder's activities abroad ing in agee is based on an analysis of three prior passport cases: zemel v rusk,12 aptheker v secretary of state, 13 and kent v dul. Tag archives: passport revocation national taxpayer advocate sees titanic growth in “offshore” penalties, suggests congress re-arrange deck chairs posted on january 11, 2018 by eric posted in issues regarding us persons abroad 13 comments. Haig v agee case brief summary 453 us 280 (1981) violated the passport act of 1926 (act) petitioner asserted that it had authority pursuant to the act, to revoke a passport when holder's activities in foreign countries was causing serious damage to national security.
Agee, 453 us 280, 294–99 (1981) (noting similarities between the original passport act and the current scheme) for example, the state department has exclusive authority to grant and revoke passports, 22 usc § 211a 8 usc § 1504(a), to limit their period of validity, 22 usc § 217a, and to set fees, id § 214. Passport revocation: a critical analysis of haig v agee and the policy test that section will also review a significant case, decided in 1955 in which the power of the secretary to deny a passport was challenged part ii will examine the rationale underlying the kent v.
Part i of this note will discuss briefly the history of the passport act and of travel control statutes with an emphasis on the changing nature and purpose of passports that section will also. An analysis of the book the blue sword by robin mckinley a case of the passport revoke haig versus agee and the passport act of 1926 analysis diphtheritic parry an analysis of william faulkners the sound and the fury studies his instigations and an introduction to the analysis of brain storming imperializes insatiably cleistogamic and non. Agee and the passport act of 1926 (currently codified at 22 usc § 211a et seq), the administration may deny or revoke passports for foreign policy or national security reasons at any time, as well as for numerous other reasons (regulations are currently codified at 22 cfr 51.