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No Right to Leave the Nation: The Politics of Passport Denial and the Rise of the National Security State

Published online by Cambridge University Press:  20 February 2020

Sam Lebovic
Sam Lebovic*
Affiliation:
Department of History and Art History, George Mason University
*
Email: slebovic@gmu.edu
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Abstract

This article provides an institutional and legal history of passport denial in the United States from World War I to the early Cold War. Identifying the Passport Division as a central institution of the national security state, the article shows that the state was deeply invested in regulating the international movement of people and in monopolizing international connections in a globalizing age. It also analyzes the rise of the Passport Division as an authoritative and autonomous bureaucracy to provide new insight into the institutional development of the national security state. It emphasizes particularly the ways that the executive branch, the Congress, and the Passport Division mutually constituted travel policy as a field of state action in a decades-long process stretching from World War I to the Cold War. It explores the centrality of the reputation of the Passport Division, as personified by its head, Ruth Shipley, in facilitating its rise as an authoritative institution in the field of travel policy. And by analyzing the ways that the Passport Division was able to survive civil libertarian challenges in the 1950s, it explores the surprising longevity of national security bureaucracies.

Type
Research Article
Information
Studies in American Political Development , Volume 34 , Issue 1 , April 2020 , pp. 170 - 193
Copyright
© The Author(s), 2020. Published by Cambridge University Press

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References

1. Kahn, Jeffrey, Mrs. Shipley's Ghost: The Right to Travel and Terrorist Watchlists (Ann Arbor: University of Michigan Press, 2013), 26–27, 35CrossRefGoogle Scholar.

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6. Kahn, Mrs. Shipley's Ghost, 110.

7. Passport denial crops up in many histories of the Red Scare, but it has been the subject of little direct research. Two important exceptions in the field of legal history are Kahn, Mrs. Shipley's Ghost; and Lovelace, Timothy H., “William Worthy's Passport: Travel Restrictions and the Cold War Struggle for Civil and Human Rights,” Journal of American History 103 (June 2016): 107–31CrossRefGoogle Scholar. Mario Daniels's excellent recent article begins to rethink the institutional history of passport denial in a manner compatible with my approach here, though he focuses on the histories of knowledge and science. Daniels, Mario, “Controlling Knowledge, Controlling People: Travel Restrictions of U.S. Scientists and National Security,” Diplomatic History 43 (January 2019): 57–82CrossRefGoogle Scholar.

8. Most literature on the institutional and legal development of the U.S. national security state devotes its attention to World War II and after. For important examples, see Dudziak, Mary, War Time: An Idea, Its History, Its Consequences (New York: Oxford University Press, 2013)Google Scholar; Preston, Andrew, “Monsters Everywhere: A Genealogy of National Security,” Diplomatic History 38 (2014): 477–500CrossRefGoogle Scholar; Hogan, Michael J., A Cross of Iron: Harry S. Truman and the Origins of the National Security State, 1945–1954 (Cambridge, UK: Cambridge University Press, 2000)Google Scholar; Glennon, Michael J., National Security and Double Government (New York: Oxford University Press, 2014)Google Scholar.

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9. I take the concept of a “mobility regime” from Ronen Shamir and note that U.S. passport denial was a form of mobility regulation par excellence. Operating within a “paradigm of suspicion,” it was a form of “screening mechanism” to block undesirable forms of travel—decades before the most recent round of globalization. Shamir, Ronen, “Without Borders? Notes on Globalization as a Mobility Regime,” Sociological Theory 23 (June 2005): 197–217CrossRefGoogle Scholar.

Focusing on the role of passports in the mobility regime marks a departure from the vast literature on migration policy and state development in two ways. First, this article focuses on the exit rights of citizens, on their rights to leave the nation, rather than on the rights of immigrants to enter the nation; and it focuses on short circuits of travel and return rather than the one-way, permanent migration that used to be considered archetypical of international movement. Shifting our focus in this way reveals a new form of state power over American citizens. Although we have learned a great deal about the way that the American state has sought to exclude “undesirable” persons through exile and deportation and exclusionary immigration law, we know much less about its efforts to prevent its citizens from leaving its borders.

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19. The entire period is often dubbed an era of free movement, but this reflects only the experience of white, Western subjects. It was an era of regulation, restriction, and exclusion for many, many people—Asian immigrants in the White Pacific, Eastern Europeans seeking to emigrate to the west, indentured laborers, those deemed liable to become public charges, those suspected of carrying unwanted diseases and ideologies, and so forth.

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21. 23 Op. Att'y Gen. 511 (1901).

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26. “Passport Rules Stricter,” 13.

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28. “Passports Needed by All,” NYT June 9, 1917, 13.

29. “The President's Address to Congress,” NYT, December 5, 1917, 1; Robertson, Passport in America, 187.

30. Control of Travel From and Into the United States, Hearings before the Committee on Foreign Affairs, 65th Congress, 26 (1918).

31. Control of Travel From and Into the United States, 6, 29, 31.

32. “Senate Accepts Sedition Bill,” NYT, May 5, 1918, 7; “Proceedings of Congress and Committees in Brief,” Washington Post, May 14, 1918, 6.

33. Woodrow Wilson, “Proclamation 1473—Issuance of Passports and Granting of Permits to Depart From and Enter the United States,” August 8, 1918, American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=117715. For the bureaucratic history of the Passport Administration, see National Archives Organization Record, Department of State, Division of Passport Control, https://catalog.archives.gov/id/10448951.

34. Control of Travel From and Into the United States, 38; Control of Travel From and Into the United States in Time of War, Hearings Before the Committee on Foreign Affairs, 65th Congress, House Report No. 485 (1918).

35. “War Laws Repeal Signed,” NYT, March 4, 1921, 2; Joint Resolution Declaring the Certain Acts of Congress, Joint Resolutions and Proclamations Shall Be Construed As If the War Had Ended and the Present or Existing Emergency Expired, March 3, 1921, 41 Stat. 1359.

36. “President Urges Longer Alien Ban,” NYT, August 26, 1919, 1; “Lansing Backs Bill to Exclude Radicals,” NYT, October 15, 1919, 2; “House Passes Bill to Halt Alien Rush,” NYT, October 17, 1919, 4; “Senate Passes Bill to Bar Reds,” NYT, October 23, 1919, 13.

37. An Act Making Appropriations for the Diplomatic and Consular Service for the Fiscal Year Ending June 30, 1922, 66th Congress, 1217 (1921); “Fear Passport Laws’ Loss,” NYT, March 19, 1921, 10.

38. “Need Passports No Longer,” NYT, April 5, 1921, 15.

39. Ibid.

40. “The Passport Nuisance,” NYT, October 24, 1926, E8; Robertson, Passport in America, 215–44.

41. Ezra Pound, “The Passport Nuisance,” The Nation, November 30, 1927, 600.

42. Ehrlich, Thomas, “Passports,” Stanford Law Review 19 (1966): 131CrossRefGoogle Scholar; LRS, Passports and the Right to Travel, 1958, 13.

43. Calvin Coolidge, “Exec. Order No. 4382A: Rules Governing the Granting and Issuing of Passports in the U.S.,” February 12, 1926; Calvin Coolidge, “Exec. Order No. 4800: Rules Governing the Granting and Issuing of Passports in the U.S.,” January 31, 1928; Herbert Hoover, “Exec. Order No. 5860: Rules Governing the Granting and Issuing of Passports in the United States,” June 22, 1932; Franklin D. Roosevelt (FDR), “Exec. Order No. 7856: Rules Governing the Granting and Issuing of Passports in the U.S.,” March 31, 1938; Farber, “National Security, the Right to Travel and the Court,” 266.

44. Validity of Passports, Hearings before the Committee on Foreign Affairs, 69th Congress, 5 (1926).

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46. Robertson, Passport in America, 125–83.

47. “Passport Refused, Indian to Fight on,” NYT, September 20, 1935, 23.

48. Kahn, Mrs. Shipley's Ghost, 105; Robertson, Passport in America, 98–99.

49. Ehrlich, “Passports,” 133; New York State Bar Association, Freedom to Travel, 13.

50. G. Howland Shaw to Norman H. Davies, December 9, 1920, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 356 (1957).

51. Alvey Adee to G. Howland Shaw, December 11, 1920, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 352, 355 (1957).

52. R. W. Flournoy to Joseph R. Baker, June 2, 1921, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 345 (1957).

53. Henry Stimson, “Memo: Issue of Passports to Communists,” May 5, 1931, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 334 (1957).

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55. FDR, “Exec. Order No. 7856: Rules Governing the Granting and Issuing of Passports in the U.S.,” March 31, 1938.

56. Cordell Hull, “Departmental Order 811,” State Department Bulletin, September 9, 1939, 230–31; Kahn, Mrs. Shipley's Ghost, 89; Graham H. Stuart, “Safeguarding the State through Passport Control,” Department of State Bulletin, June 10, 1945, 1066–68; Riesman Jr., “Legislative Restrictions on Foreign Enlistment and Travel,” 829–30.

57. Harold B. Hinton, “Guardian of American Passports,” NYT Sunday Magazine, April 27, 1941, 21.

58. To Amend the Act of May 22, 1918, Unpublished Hearings re. H.R. 4973, House Committee on Foreign Affairs, Executive Session, June 6, 1941, n.p.

59. An Act to Amend the Act of May 22, 1918, 55 Stat. 252; “Text of the President's Address Depicting Emergency Confronting the Nation,” NYT, May 28, 1941, 1.

60. FDR, “Proclamation 2523: Control of Persons Entering and Leaving the United States,” November 14, 1941.

61. “Departure from and Entry into the United States of American Citizens,” Department of State Bulletin, November 29, 1941, 431–434.

62. Commission on Government Security, Report of the Commission, 447; Kahn, Mrs. Shipley's Ghost, 107; “Worldwide Check on American Passports,” NYT, January 1, 1940, 1.

63. Stuart, “Safeguarding the State through Passport Control,” 1066–70.

64. Whelan, Charles M., “Passports and Freedom of Travel: The Conflict of a Right and a Privilege,” Georgetown Law Review 41 (1952): 78–79Google Scholar.

65. LRS, Passports and the Right to Travel, 1958, 7.

66. Immigration and Nationality Act, sect. 215a, Pub. L. No. 414, 66 Stat. 190; Emanuel Celler, “Your Right to a Passport,” Bar Bulletin 16 (1959): 179.

67. Harry S. Truman, “Proclamation 3004: Control of Persons Leaving or Entering the U.S.,” January 17, 1953, cited from https://www.trumanlibrary.gov/library/proclamations/3004/control-persons-leaving-or-entering-united-states; Control of Persons Entering and Leaving the United States in Wartime, 22 C.F.R. 53 (1949).

The manner in which Congress extended and then shifted the basis for this presidential proclamation created further confusion. Even after Congress had transferred the Travel Control Act into the Immigration and Nationality Act, it nevertheless extended the duration of the Travel Control Act two further times as part of omnibus bills extending a broader array of wartime powers. On June 30, the Travel Control Act was extended until July 3, and on July 3, it was extended until six months after the end of the state of emergency declared by Truman in 1950. Congress did insist that all these wartime powers would expire no later than April 1, 1953, but in the matter of travel controls, this was meaningless, because the act applied that proviso only to the Travel Control Act of 1918, and the Travel Control Act had been repealed by the Immigration and Nationality Act just six days earlier. In theory, this should have meant that between the repeal of the Travel Control Act in June 1952 and Truman's Proclamation under the Immigration and Nationality Act in January 1953, it would have been legal to exit the country without a passport. But no one seems to have noticed—Congress had clearly paid little attention to its handiwork, and the issue never came up. In July 1952, The U.S. District Court for DC in Bauer, for instance, simply asserted that despite the end of the 1941 state of emergency, travel control regulations “have been continued in effect by subsequent legislation.” See Emergency Powers Continuation Act, July 3, 1952, Pub. L. No. 450, 66 Stat. 330; LRS, Passports and the Right to Travel, (1955), 7; Bauer v. Acheson 106 F. Supp. 445 (1952).

68. “Passport Curbs Will Stay a While,” NYT, August 25, 1945, 11; Ashley J. Nicholas, “Refusal of Passports to Communists,” May 29, 1956, in The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress 268 (1957); Kent v. Dulles 357 U.S. 116 at 139–140 (1958).

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72. “Fisher to Boykin, February 5, 1951,” in The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 244–45 (1957).

73. Departments of State, Justice, Commerce and the Judiciary Appropriations for 1953: Department of State, Part 1, Hearings before the Subcommittee of the Committee on Appropriations, House of Representatives 82nd Congress, 118 (1952).

74. State Department Press Release, December 18, 1951, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 246 (1957).

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78. State Department Press Release, June 18, 1952, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 250 (1957).

79. Davis, “Mrs. Shipley Says No,” 31–125.

80. Carpenter and Krause, “Reputation and Public Administration,” 26.

81. Carpenter, Reputation and Power, 46–47.

82. U.S. Commission on Government Security, Report of the Commission, 445.

83. Mildred Adams, “The Women Who Man Our Ship of State,” NYT Sunday Magazine, October 13, 1929, 5.

84. Stella McCrod, “The Woman Who Starts You Abroad,” Washington Post Sunday Magazine, July 27, 1930, 5.

85. Davis, “Mrs. Shipley Says No,” 31–125.

86. Kahn, Mrs. Shipley's Ghost, 109; The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 76–77 (1957).

87. “Validity of Passports,” Hearings before the Committee on Foreign Affairs, 69th Congress, 1st Sess., May 12, 1926, 4.

88. “Passport Service Is Self-Supporting,” NYT April 23, 1922, 39; “Woman to Head Passport Bureau,” NYT, May 20, 1928, 111; Robertson, Passport in America, 223; John Hanna, “Passports—For Revenue Only,” Atlantic Monthly, February 1929, 264–68.

89. Departments of State, Justice, Commerce and the Judiciary Appropriations for 1953, 82nd Congress, 1129–33.

90. Davis, “Mrs. Shipley Says No.” 31–125.

91. FDR Press and Radio Conference, No. 949, May 9, 1944, http://www.fdrlibrary.marist.edu/_resources/images/pc/pc0159.pdf; Gaddis, John Lewis, The United States and the Origins of the Cold War, 1941–1947 (New York: Columbia University Press, 1972), 145–46Google Scholar; Kahn, Mrs. Shipley's Ghost, 109, 273; “President Clarifies Priest's Passport,” NYT, May 10, 1944, 7.

92. Control of Travel From and Into the United States, 6, 29, 31.

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94. Caute, Great Fear, 247.

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97. Justin Hart has shown how the State Department's cultural programs reflected a similar discovery of the importance of “image” in an enlarged conception of foreign relations. See Hart, Justin, Empire of Ideas: The Origins of Public Diplomacy and the Transformation of U.S. Foreign Policy (New York: Oxford University Press, 2013)CrossRefGoogle Scholar.

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101. Security and Constitutional Rights: Hearings before the Subcommittee on Constitutional Rights Pursuant to S. Res. 94, 84th Congress, 115–40 (1955); Linus Pauling, “My Efforts to Obtain a Passport,” Bulletin of the Atomic Scientists 8 (October 1952): 253–56.

102. Security and Constitutional Rights, 84th Congress, 188–92.

103. Departments of State, Justice, Commerce and the Judiciary Appropriations for 1953, 82nd Congress, 1129–33.

104. 12 million was the number cited in Erskine, “You Don't Go If She Says No,” 64; 20 million was the number cited in Passport Legislation, 85th Congress, 41; Dorothy Fosdick, “The Passport—and the Right to Travel,” NYT Sunday Magazine, July 17, 1955, 8; Commission on Government Security, Report of the Commission, 462; G. Howland Shaw to Norman H Davies, December 9, 1920, The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 356 (1957); Visson, “Ruth Shipley—The State Department's Watchdog,” 74.

105. State Department Press Release, June 18, 1952, The Right to Travel, 85th Congress, 181, 249–51; Security and Constitutional Rights, 84th Congress, 168; Passport Legislation, 85th Congress, 41; Commission on Government Security, Report of the Commission, 463.

106. Security and Constitutional Rights, 84th Congress, 165.

107. Davis, “Mrs. Shipley Says No,” 31–125.

108. In 1958, Deputy Under Secretary of State Robert Murphy, testified to Congress that the “greatest value of having authority to deny is not in the number of actual applications that are actually denied; the value of having such authority is that the Communist Party and its various apparatus, knowing that authority exists, do not apply for passports.” Passport Legislation, 85th Congress, 21. See also, Caute, Great Fear, 245–46; Fosdick, “The Passport—and the Right to Travel”; NY Bar Association, Freedom to Travel, 13; Kahn, Mrs. Shipley's Ghost, 116.

109. Departments of State, Justice, Commerce and the Judiciary Appropriations for 1953, 82nd Congress, 117–18.

110. State Department Press Release, June 18, 1952, The Right to Travel, 85th Congress, 251.

111. Commission on Government Security, Report of the Commission, 463; The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 73 (1957).

112. To Amend the Act of May 22, 1918, Unpublished Hearings, June 6, 1941.

113. Erskine, “You Don't Go If She Says No,” 63.

114. On the history of the FBI, see Gage, Beverly, The Day Wall Street Exploded: A Story of America in Its First Age of Terror (New York: Oxford University Press, 2008)Google Scholar; Potter, Claire Bond, War on Crime: Bandits, G-Men, and the Politics of Mass Culture (New Brunswick, NJ: Rutgers University Press, 1998)Google Scholar; Theoharis, Athan, The FBI and American Democracy: A Brief Critical History (Lawrence: University Press of Kansas, 2004)Google Scholar; Gerstle, Gary, Liberty and Coercion: The Paradox of American Government (Princeton, NJ: Princeton University Press, 2015), 138–41Google Scholar.

115. Boudin, “Constitutional Right to Travel,” 50.

116. “Ten Bound for Palestine Barred from Sailing, Passports Seized,” NYT, June 12, 1948, 1.

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118. Congressional Record, July 15, 1958, 13772–73.

119. Congressional Record, June 26, 1952, S. 8157–58; Eugene Gressman, “The Undue Process of Passports,” New Republic, September 8, 1952, 13–15.

120. Judt, Tony, Reappraisals: Reflections on the Forgotten Twentieth Century (New York: Penguin, 2008), 306Google Scholar.

121. Security and Constitutional Rights, 84th Congress, 98.

122. Congressional Record, vol. 98, June 26, 1952, S. 8157

123. Parker, “Right to Go Abroad,” 869–70; Boudin, “Constitutional Right to Travel,” 48–49.

124. In 1926, a legal opinion from the Department of State Solicitor observed that the 1926 Passport Act “certainly vests no right in the applicant for a passport.” The Right to Travel, 85th Congress, 341.

125. Riesman, “Legislative Restrictions on Foreign Enlistment and Travel,” 834.

126. Charles E. Wyzanski, “Freedom to Travel,” Atlantic Monthly, October 1952, 67.

127. “The Passport Puzzle,” University of Chicago Law Review, 23 (Winter 1956): 267; LRS, Passports and the Right to Travel, 1958, 7; NY Bar Association, Freedom to Travel, 2–3.

128. Crandall v. State of Nevada, 73 U.S. 35 (1867); Williams v. Fears, 179 U.S. 270 (1900); Edwards v. California, 314 U.S. 160 (1941); Torpey, The Invention of the Passport, 131; Kahn, Mrs. Shipley's Ghost, 60–71.

129. Parker, “Right to Go Abroad,” 869–870; Boudin, “Constitutional Right to Travel,” 48–49; LRS, Passports and the Right to Travel, 1966; Kahn, Mrs. Shipley's Ghost, 73–74.

130. “Passport Refusals for Political Reasons: Constitutional Issues and Judicial Review” (Comment), Yale Law Journal 61 (1952): 191; “The Passport Puzzle,” 268.

131. Wyzanski, “Freedom to Travel,” 68.

132. Goodman, Paul Robeson, 199–204; Whelan, “Passports and Freedom of Travel,” 81–85; “Curb on Robeson Stands,” NYT, August 8, 1952, 5.

133. Bauer v Acheson 106 F. Supp. 445 (1952); Gressman, “Undue Process of Passports,” 13–15; Kahn, Mrs. Shipley's Ghost, 19–21; “State Department Upset,” NYT, July 10, 1952, 14; Boudin, “Constitutional Right to Travel,” 56.

134. “Board to Review Passport Denials,” NYT, September 3, 1952, 4.

135. “Appeals Plan Is Drafted in Denials of Passports,” NYT, August 6, 1952, 2.

136. 22 C.F.R. sect. 51.135, cited at The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 66, 229 (1957).

137. Whelan, “Passports and Freedom of Travel,” 89–90.

138. Gressman, “Undue Process of Passports,” 13–15.

139. Boudin, “Constitutional Right to Travel,” 68; Kahn, Mrs. Shipley's Ghost, 117–18; Caute, Great Fear, 245–46; Erskine, “You Don't Go If She Says No,” 63.

140. Kahn, Mrs. Shipley's Ghost, 120–21; Caute, Great Fear, 248–49; Boudin, “Constitutional Right to Travel,” 70–71.

141. Boudin, “Constitutional Right to Travel,” 56; Rogers, “Passports and Politics,” 504.

142. Kahn, Mrs. Shipley's Ghost, 121–122; Boudin v. Dulles 136 F. Supp. 218 (D.D.C. 1955); Boudin v. Dulles, 235 F.2d 532 (D.C. Cir. 1956); LRS, Passports and the Right to Travel, 1966, 29; Doman, Nicholas, “A Comparative Analysis: Do Citizens Have the Right to Travel?” ABA Journal 43 (1957): 309Google Scholar.

143. Leonard Boudin, “The Right to Travel: A Significant Victory,” The Nation, July 30, 1955, 95.

144. Ashley J. Nicholas, “Refusal of Passports to Communists,” May 29, 1956 in The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 268 (1957).

145. The Passport Puzzle, 265–70.

146. LRS, Passports and the Right to Travel, 1966, 27; Commission on Government Security, Report of the Commission, 458.

147. Briehl v. Dulles, 248 F.2d 561 (D.C. Cir. 1957); “Authority of the Secretary of State to Deny Passports” (Comment), University of Pennsylvania Law Review, 106 (1958): 456–57Google Scholar; Luther A Huston, “Court Backs Dulles in Refusing 2 visas,” NYT, June 28, 1957, 1.

148. Lawless, Ken, “Continental Imprisonment: Rockwell Kent and the Passport Controversy,” Antioch Review 38 (Summer, 1980): 304–10Google Scholar; “Artist Rockwell Kent Dies at 88,” Washington Post, March 14, 1971, B6.

149. Kent v. Dulles, 248 F.2d 600 (D.C. Cir. 1957).

150. Anthony Lewis, Court Further Limits Travel Restrictions, NYT, June 22, 1958, e7; “The Passport Puzzle,” 263.

151. Kent v. Dulles, 248 F.2d 600 (D.C. Cir. 1957).

152. Kent v. Dulles, 357 U.S. 116 (1958).

153. Rogers, “Passports and Politics,” 509.

154. Lewis, “Court Further Limits Travel Restrictions,” e7; Anthony Lewis, “Red Query Dropped for U.S. Passports,” NYT, June 25, 1958, 1; Paul P. Kennedy, “Passport Ruling Sifted in Mexico,” NYT, June 29, 1958, 26.

155. “Kent to Visit Soviet,” NYT July 19, 1958, 8; Lawless, “Continental Imprisonment,” 311.

156. Lewis, “Court Further Limits Travel Restrictions,” e7.

157. “Walter Rebukes Passport Chief for Heeding High Court Ruling,” NYT, July 23, 1958, 15.

158. Dwight D. Eisenhower, “Special Message to Congress on the Need for Additional Passport Control Legislation,” July 7, 1958, American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=11120.

159. Passport Legislation, 85th Congress, 2–4, 7–8, 55, 59–60; “Dulles Bill Asks Passport Curbs,” NYT, July 8, 1958, 10; “Passport Bill Stirs New Debate on Rights, NYT, July 13, 1958, e4; “Walter Rebukes Passport Chief for Heeding High Court Ruling, NYT, July 23, 1958, 15.

160. “Douglas Refused Passport to China,” Christian Science Monitor, June 25, 1959, 3.

161. New York State Bar Association, Freedom to Travel, 14–17; Kahn, Mrs. Shipley's Ghost, 115; The Right to Travel: Hearing before the Subcommittee on Constitutional Rights Pursuant to S. Res. 49, 85th Congress, 62, 192 (1957).

162. Worthy v. Herter 270 F.2d 905 (1959); Zemel v. Rusk 381 U.S. 1 (1965); Frazier, The East is Black, 94–107. In 1964, Worthy did have success in a related right-to-travel case. In 1961, Worthy had traveled to Cuba without a passport. On return, he was prosecuted under a provision of the Immigration and Nationality Act that made it illegal to enter the country without a valid passport. The 5th Circuit Court of Appeals unanimously overturned his conviction, finding that these provisions of the act violated a constitutional right to return home. See Lovelace, Timothy H., “William Worthy's Passport: Travel Restrictions and the Cold War Struggle for Civil and Human Rights,” Journal of American History 103 (June 2016): 107–31CrossRefGoogle Scholar.

163. Katznelson, Ira, Fear Itself: The New Deal and the Origins of Our Time (New York: Liveright, 2013)Google Scholar.

164. Security and Constitutional Rights, 84th Congress, 98; Passport Legislation, 85th Congress, 7–8.

165. Passport Legislation, 85th Congress, 7–8.

166. Kent v Dulles, 357 U.S.129.

167. Linda Charlton, “Passport Chief, 70, May Just Go On and On,” NYT, July 25, 1975, 17; Unger, Sanford J., “J Edgar Hoover Leaves the State Department,” Foreign Policy 28 (1977): 110–16CrossRefGoogle Scholar; Robert Sherrill, “First Lady of the Passport Office—Efficiency Expert or ‘Ogress’?” NYT, March 4, 1971, sect. XX, 1; Caute, Great Fear, 246.