Counterterrorism Legislation: Hearing Before the Subcommittee on Terrorism, Technology, and Government Information of the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, First Session on S. 390 ... S. 735 ... May 4, 1995, Volume 4U.S. Government Printing Office, 1997 - 109 pages |
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Amendment rights American Jewish Committee appeal apply Arab Arab-Americans association Attorney authority based on secret basis believe Chairman charitable CIPA civil classified evidence classified information COLE concerns confrontation Congress context counterterrorism crime current law defense deportation hearing deportation proceedings Dole Bill due process Elfbrandt engaged in terrorism engaged in terrorist excludable federal foreign fundraising funds Hamas immigration individual international terrorism investigation Irish National Caucus issue JAHSHAN judge judicial review Justice Knauff law enforcement lawful activities legislation McCarran-Walter Act ment Miranda warnings NACDL national security NOJEIM Oklahoma City Oklahoma City bombing person political pose prepared statement President President's designation procedure proposed prosecution provisions punish Rafeedie Rifkind ROSEBOROUGH secret evidence Senator ABRAHAM Senator FEINSTEIN Senator SPECTER Senator THOMPSON sixth amendment statute Subcommittee summary Supreme Court terrorism activity terrorist activity terrorist organizations Thank threat tion United unlawful violation violent VIRTUE WILCOX wiretaps World Trade Center
Popular passages
Page 105 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal, that the servant is above his master, that the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only...
Page 73 - But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope, and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones.
Page 106 - Lester C. Thurow, The Zero-Sum Society: Distribution and the Possibilities for Economic Change (New York: Basic Books, 1980), pp.
Page 105 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Page 104 - The very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken.
Page 106 - It is manifest that it was not left to the legislative power to enact any process which might be devised. The article is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave congress free to make any process 'due process of law
Page 106 - It equally proves that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers.
Page 105 - It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Page 104 - That this forced exclusion was the result in good measure of this erroneous assumption of racial guilt rather than bona fide military necessity is evidenced by the Commanding General's Final Report on the evacuation from the Pacific Coast area. In it he refers to all individuals of Japanese descent as "subversive," as belonging to "an enemy race" whose "racial strains are undiluted," and as constituting "over 112,000 potential enemies ... at large today
Page 93 - It is pertinent to observe that any policy toward aliens is vitally and intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations, the war power, and the maintenance of a republican form of government. Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.