Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
A related statute of October, 1940 also compelled certain groups
to register with the Attorney General.[228] Four categories of
organizations were required to register: (1) Organizations subject to
foreign control and engaging in political activity, (2) Organizations
engaging both in civilian-military activity and in political activity,
(3) Those subject to foreign control and engaging in civilian-military
activity, and (4) Any organization one of whose aims was the overthrow
of a government or subdivision thereof by force or violence.[229]
By political activity Congress had reference to activity aimed at
the control by force or overthrow of the Government of the United
States or any of its subdivisions.[230] An organization, according
to the statute, was engaged in civilian-military activity if it gave
or received instruction in the use of firearms or other weapons, or
participated, with or without arms, in military maneuvers, drills or
parades of a military or naval character. And an organization was
deemed subject to foreign control if its financial support was derived
directly or indirectly from a foreign government, or if its policy was
determined by, or at the suggestion of, or in collaboration with, a
foreign government.[231]
The registration statements were to contain the name and address
of the organization, the names of officers and contributors, the
qualifications for membership, organizational aims, assets, income, and
activities. Violation of the Act might entail a fine of $10,000 and
five years’ imprisonment.
The Internal Security Act of 1950 contains provisions similar to the
older wartime law. Briefly stated, the Act defines “communist-action”
and “communist-front” organizations, which together comprise a
class of communist organizations.[232] Such organizations are
compelled to register with the Attorney General, filing, in the case
of communist-front organizations, a list of officers at time of
registration and in the preceding twelve months; and, in the case of
communist-action organizations, a list of officers and members for
the preceding twelve months.[233] A complete financial accounting is
required and current information must be supplied in annual reports.
In July 1954 Congress amended the reporting provision to require
a listing, in such form and detail as the Attorney General might
prescribe, of all printing presses and machines used or intended to
be used by a communist-action or communist-front organization. The
statute went so far as to require registration of any printing machine
used by an organization in which the communists or affiliates had
an interest.[234] Adequate procedural protection and provision for
judicial review is afforded those charged with failure to register.[235]
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