Saturday, December 7, 2013

Haig v. Agee case brief

Haig v. Agee case brief summary
453 U.S. 280 (1981)


CASE SYNOPSIS
Petitioner sought review of the United States Court of Appeals for the District of Columbia, in which the court held certiorari in suit filed by respondent to block revocation of his passport because regulations on passports, 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.

CASE FACTS
Respondent was a United States citizen who lived in West Germany. Respondent was previously employed by the Central Intelligence Agency (CIA) with undercover assignments involving highly confidential information in foreign countries. Respondent denounced his loyalty to the CIA and exposed confidential information. Petitioner revoked respondent's passport pursuant to 22 C.F.R. § 51.70 (b)(4) (1980), and respondent filed suit. Respondent filed a motion for summary judgment, asserting that the regulation exceeded petitioner's statutory powers under the Passport Act of 1926 (Act), 22 U.S.C.S. § 211a. Respondent's motion was granted and affirmed. Petitioner was granted certiorari.

DISCUSSION
  • The court reversed judgment and remanded the case for further proceedings because, based upon the history of the Act and petitioner's broad authority, the policy announced in 22 C.F.R. § 51.70 (b)(4) was sufficiently substantial and consistent to compel the conclusion that Congress approved it. 
  • The court further held that respondent's constitutional rights were properly regulated within the bounds of due process, and the United States had a compelling governmental interest to protect foreign policy.
CONCLUSION
The court reversed the judgment of the Court of Appeals and remanded the case for further proceedings. The court further held that respondent's constitutional rights were properly regulated within the bounds of due process.

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