McCarran Internal Security Act

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McCarran Internal Security Act

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Congress repealed the registration requirements of the law in 1968 as a result of a number of decisions by the U.S. Supreme Court that declared certain aspects of the law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



References in periodicals archive ?
Konstanty Gebert states that his father, while in the United States, "was under indictment through the McCarran Act, which required members of the Communist Party to register and in some cases prevented them from leaving the country.
587, 598 ("[T]he McCarran Act was passed in reaction to [the South-Eastern Underwriters] litigation.
Weller, supra note 4, at 598 ("[T]he primary purpose of the McCarran Act was federalist .
Protests against the war have resulted in the activation of Title II of the 1950 McCarran Act, under which the president is authorized to round up and detain indefinitely, without trial, persons suspected of being or becoming a threat to national security.
The dreaded McCarran Act had in fact been repealed a few weeks earlier, thanks to a four-year campaign by the liberals in Congress.
All of them were arrested because they are alleged to be members of a world-wide Communist organization which under the McCarran Act makes them eligible for deportation.
Williams explained this gambil to me several years ago, but he didn't divulge the origins of the King Alfred Plan, though it might have evolved from rumors in the early 1950s surrounding the McCarran Act, all anti-Communist law in which political subversives were to be rounded up and placed in concentrations camps during a national emergency.
Essentially, the Supreme Court agreed with the Ninth Circuit analysis, finding that a federal law was pre-empted by the McCarran Act only where there was a "direct conflict" between the federal law and McCarran-Ferguson.
The argument that the McCarran Act reduces competition and thereby damages consumers is undermined by several considerations.
FINALLY, IT IS BECOMING increasingly apparent that the McCarran Act is not a reliable shield against antitrust litigation.
While the McCarran Act has been eroding over the past several decades as a reliable defense against an antitrust challenge, the state action doctrine defense has been increasing.
I stand corrected on the McCarran Act issue: Dad, apart from being a Communist leader, was also suspected of being a Soviet spy; that was the reason he was being investigated and had to flee.