Dayton v. Dulles/Dissent Clark

Mr. Justice CLARK, with whom Mr. Justice BURTON, Mr. Justice HARLAN and Mr. Justice WHITTAKER concur, dissenting.

On the grounds stated in my dissent to Kent v. Dulles, 78 S.Ct. 1120, 1121, also decided this day, I think the Secretary of State is authorized to deny a passport to an applicant who is going abroad with the purpose of engaging in activities that would advance the Communist cause. Because the majority does not consider any of the constitutional issues raised by petitioner, it would be inappropriate for me, as a dissenter, to consider them at this time. Cf. Peters v. Hobby, 1955, 349 U.S. 331, 353-357, 75 S.Ct. 790, 801-803, 99 L.Ed. 1129. Accordingly, I would affirm on the question of authority without reaching any constitutional issue.