Saturday, December 7, 2013

Galvan v. Press case brief

Galvan v. Press case brief summary
347 U.S. 522 (1954)


CASE SYNOPSIS
Petitioner sought review of a judgment from the United States Court of Appeals for the Ninth Circuit that ordered him deported, pursuant to § 22 of the Internal Security Act of 1950 (Act), 64 Stat. 987, on grounds that petitioner had admitted having been a member of the Communist Party. Petitioner contended that the Act, as construed and applied against him, was unconstitutional.

CASE FACTS
Petitioner sought review of a judgment that ordered him deported, pursuant to § 22 of the Internal Security Act of 1950, 64 Stat. 987, authorizing his deportation by virtue of his past membership in the Communist Party.

DISCUSSION
  • On certiorari the Court affirmed. 
  • The Court rejected petitioner's contention that the term "member," as used in the Act, included only those who joined the Party fully aware of its advocacy of the violent overthrow of the United States' government and that, because he was not aware of the Party's purpose when he joined it, the Act as applied to him was unconstitutional. 
  • Rather, the Court ruled that because the evidence clearly and substantially showed that petitioner willingly joined the Party, freely talked about his membership, and participated in the Party's activities, he was a member of the Party and subject to deportation. 
  • Specifically, the court ruled that "member" could not be construed to include only those who joined the Party with full knowledge of its purpose and that the classification so devised by § 22 was not so baseless as to be violative of due process and, therefore, beyond the power of Congress over the admission and deportation of aliens.
CONCLUSION
The Court affirmed a judgment ordering petitioner to be deported; the classification by Congress, providing for deportation of any alien who was a member of the Communist Party (Party), was not so baseless as to be violative of due process and therefore beyond the power of Congress over the admission and deportation of aliens. It was not germane that petitioner, at the time he willingly joined the Party, was unaware of the Party's purpose.

Suggested law school course materials, hornbooks, and guides for Constitutional Law

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.