Carlson v. Landon & Butterfield/Dissent Douglas

by William O. Douglas

United States Supreme Court

342 U.S. 524

Carlson  v.  Landon & Butterfield

 Argued: Nov. 26, 1951. --- Decided: March 10, 1952

Mr. Justice DOUGLAS, dissenting.

My reasons for dissent strike deeper than the bail provisions of the Eighth Amendment. According to the warrants of arrest issued on October 31, 1950, the petitioners in No. 35 are being detained for deportation because they were formerly members of the Communist Party of the United States. Zydok, the respondent in No. 136, was arrested for present Communist Party membership, but no charge has been made that he has been guilty of any seditious conduct or that he has committed any overt act endangering our national security. If the Constitution does not permit expulsion of these aliens for their past actions or present expressions unaccompanied by conduct-and I do not think it does ^[1]-then they are illegally detained and should be set free, making the issue of bail meaningless.

Notes

1. See my dissents in Dennis v. United States, 341 U.S. 494, 584-589, 71 S.Ct. 857, 904-907, 95 L.Ed. 1137; Harisiades v. Shaughnessy, 342 U.S. 580, 598, 72 S.Ct. 512, 523.