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

• Author: Stanley I. Kutler
• Pages: 1535

Page 1535

This decision severely limited the State Department's discretionary passport policies. During the Cold War era, the department routinely denied passports to those who refused to sign a noncommunist affidavit. The Supreme Court held that the department lacked statutory authority for this policy and went on to remark in OBITER DICTUM that the RIGHT TO TRAVEL, which it traced back to MAGNA CARTA, was protected by the DUE PROCESS clause of the FIFTH AMENDMENT.

STANLEY I. KUTLER

(1986)