Terrorism in the United States: The Nature and Extent of the Threat and Possible Legislative Responses : Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, First Session, on ... Penalties ... Crime of Conspiracy ... Deport Suspected Terrorists ... Counterterrorism Intelligence ... Increased Wiretap and Infiltration for Federal Law Enforcement, April 27 and May 24, 1995, Volume 4
U. S. Congress Senate Committee on the Judiciary Staff, United States. Congress. Senate. Committee on the Judiciary, United States
U.S. Government Printing Office, 1997 - 259 pages
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Page 248 - That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free State; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
Page 216 - 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 237 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger...
Page 237 - While that experiment is part of our system I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Page 237 - To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion.
Page 213 - 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...
Page 216 - I should hold that a civil court cannot be made to enforce an order which violates constitutional limitations even if it is a reasonable exercise of military authority. The courts can exercise only the judicial power, can apply only law, and must abide by the Constitution, or they cease to be civil courts and become instruments of military policy.
Page 216 - 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 213 - The very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken.
Page 237 - These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.* As we said in Noto v.