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McCarran Internal Security Act

 
Law Encyclopedia: Mccarran Internal Security Act
This entry contains information applicable to United States law only.

Legislation proposed by Senator Patrick Anthony McCarran and enacted by Congress in 1950 that subjected alleged members of designated Communist-action organizations to regulation by the federal government.

The McCarran Internal Security Act, also known as the Subversive Activities Control Act of 1950 (50 U.S.C.A. § 781 et seq.), was part of a legislative package that was designated as the Internal Security Act of 1950. Congress passed such statutes in response to the post-World War II Cold War during which many public officials perceived a threat of violent and forcible overthrow of the U.S. government by U.S. Communist groups that advocated this objective. Among other things, the legislation required members of the Communist party to register with the attorney general, and the named organizations had to provide certain information, such as lists of their members. It established the Subversive Activities Control Board to determine which individuals and organizations had to comply with the law and the procedures to be followed. Failure to satisfy the statutory requirements subjected the individual or organization to criminal prosecution and stiff fines.

Congress repealed the registration requirements of the law in 1968 as a result of a number of decisions by the U.S. Supreme Court that declared certain aspects of the law unconstitutional.

See: communism.

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The Internal Security Act (a.k.a the Subversive Activities Control Act, McCarran Act or ISA) of 1950 is a United States federal law that required the registration of Communist organizations with the United States Attorney General and established the Subversive Activities Control Board to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," fascist or communist. Members of these groups could not become citizens, and in some cases, were prevented from entering or leaving the country. Citizen-members could be denaturalized in five years.

It was a key institution in the era of the Cold War, tightening alien exclusion and deportation laws and allowing for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Democratic-controlled Congress overrode President Harry S. Truman's veto to pass this bill. Truman called the bill "the greatest danger to freedom of speech, press, and assembly since the Alien and Sedition Laws of 1798."

Sections of the ISA were gradually ruled unconstitutional by the Supreme Court.

Much of the Act has been repealed, but some portions remain intact. For example, violation of Section 797 of Title 50, United States Code (Section 21 of "the Internal Security Act of 1950"), which concerns security of military bases and other sensitive installations, may be punishable by a prison term of up to one year.[1]

References

  1. ^ United States Department of Defense DoD Directive 5200.8, "Security of DoD Installations and Resources", 04/25/1991, retrieved August 26, 2005.

http://www.dtic.mil/whs/directives/corres/pdf/520008p.pdf - December 2005

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Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
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