United States v. Peace Information Center
Decision Date | 08 May 1951 |
Docket Number | Crim. No. 178-51. |
Citation | 97 F. Supp. 255 |
Parties | UNITED STATES v. PEACE INFORMATION CENTER et al. |
Court | U.S. District Court — District of Columbia |
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George Morris Fay, U. S. Atty., Harold H. Bacon, Asst. U. S. Atty., Washington, D. C., F. Kirk Maddrix, J. Frank Cunningham, and Joseph A. Roney, Sp. Assts. to the Atty. Gen., for the United States.
Gloria Agrin and Stanley Faulkner, both of New York City, George A. Parker, and George E. C. Hayes, both of Washington, D. C., for the defendants.
The defendant Peace Information Center has been indicted on a charge of violating the Foreign Agents Registration Act,1 in failing to register as an agent of a foreign principal. The individual defendants are charged in their capacity as officers and directors of Peace Information Center with failure to cause the latter to register. The defendants move to dismiss the indictment on the ground that the statute is unconstitutional, and on the further ground that the indictment is defective.
The Foreign Agents Registration Act requires every agent of a foreign principal to file a registration statement with the Attorney General setting forth certain information specified in the statute. In brief, a foreign principal is defined as a government of a foreign country, a foreign political party, or an individual affiliated or associated with either of them; a person outside of the United States; an organization having its principal place of business in a foreign country; or a domestic concern subsidized by any one of the former. The Act further defines the term "agent of a foreign principal". In effect, the definition includes any person who acts as a publicity agent or public-relations counsel for a foreign principal; any person who collects information, or reports information to a foreign principal; and any person who engages in other similar activities that are described in the Act in considerable detail. Diplomatic and consular representatives, persons engaged in trade or commerce and press associations are expressly exempted. The Act provides that no person shall act as an agent of a foreign principal unless he has filed a registration statement with the Attorney General. The Act further requires every person who is an agent of a foreign principal to file a registration statement with the Attorney General. The contents of the statement are prescribed. A wilful violation of the Act is made a criminal offense.
The intent and purpose of the Congress in enacting this measure appear from the following statement found in the report of the Committee on the Judiciary of the House of Representatives, recommending passage of the legislation (H.Rept.No.1381, 75th Cong. 1st Sess., July 28, 1937):
In Viereck v. United States, 318 U.S. 236, 241, 63 S.Ct. 561, 563, 87 L.Ed. 734, which involved a conviction under this statute, Chief Justice Stone gave the following explanation of the objectives of the Act: The constitutionality of the statute was evidently assumed in that case, for it was not discussed.
The objection that the statute is invalid will be first considered. The question of constitutionality of an Act of Congress must be approached from two standpoints and involves two basic considerations. First, is the subject matter of the statute within the legislative powers of the Congress? Second, does the statute transcend any limitation on the exercise of these powers?
As concerns the first of these aspects, we find two distinct bases in the powers of the Congress justifying action regarding the subject matter covered by the Act. One is the authority of the Congress to legislate on the subject of foreign relations. The power of the Federal Government in respect to external affairs differs drastically in its origin from that in respect to domestic matters. The former is not derived from the Constitution. It is not among the enumerated or implied powers conferred by the Constitution on the Federal Government. It is an inherent power that came into being before the adoption of the Constitution and now exists outside of the fundamental instrument. It is a power that automatically passed from Great Britain to the United States as an entity, and not to the individual States, when the external sovereignty of Great Britain in respect to the colonies came to an end.
This doctrine was developed and approved by the Supreme Court in the epoch-making opinion of Mr. Justice Sutherland in United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 315-318, 57 S.Ct. 216, 219, 81 L.Ed. 255:
"It will contribute to the elucidation of the question if we first consider the differences between the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs.
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