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Haig V. Agee: Power To Revoke Passports

Haig v. Agee: Power to Revoke Passports


Whether a passport can be revoked or not has been a major question since
the mid- 1800's.   Haig v. Agee is a landmark Supreme Court case charging that
the Secretary of State can not revoke a passport on the grounds that the power
has never been granted by the Congress to the Secretary, and that revoking a
passport violates the first and fifth amendments of the Constitution of the
United States.   Not only does the Secretary of State have implied powers, but
revoking Agee's passport did not violate any laws or rights.
In Haig v. Agee, the defendant claims that the Passport Act of 1926 does
not grant the Secretary of State the right to revoke passports.   However, the
Passport Act does state that the Secretary of State is the only person who can
grant and withhold passport applications.   And based upon later provisions, the
Secretary can withhold applications if the party is involved with illegal
activities.   If the Secretary of State can grant and withhold passports, was it
implied by the Congress that the Secretary has the powers to revoke passports?

"The Secretary of State may grant and issue passports, and cause passports to be
granted, issued, and verified in foreign countries by diplomatic representatives
of the United States . . . under such rules as the President shall designated
and prescribe for and on behalf of the United States, and no other person shall
grant, issue, or verify such passports." 22 U.S.C. 211a (1976 ed., Supp. IV).

Since the Congress did not specify who has the powers to revoke passports, it
should be assumed that because the Secretary is the only person who can grant
passports, they are the only ones who can revoke passports on grounds of illegal
activities, such as treason.   If you consider that Agee's passport was revoked
because he was uncovering secret CIA agents, he was undoubtedly committing
treason.   Though treason is usually considered to be evident during times of war,
treason can also...