Haig v. Agee (1980)
- Docket
- 80-83
- Decided
- 1980-01-01
Summary
Question: Did the President, acting through the Secretary of State, have the constitutional authority to revoke the passport? Conclusion: In a 7-to-2 decision, the Court held that Passport Act of 1926 and other congressional statutes implicitly granted the Secretary of State the power to revoke passports. The Court noted Congress's historical recognition of "Executive authority to withhold passports on the basis of substantial reasons of national security and foreign policy." The Court further held that because the regulations were limited to cases in which there was a likelihood of "serious damage" to foreign policy, Agee's claims concerning the First Amendment, the Fifth Amendment, and the right to travel were "without merit."