McCarran Act
The McCarran Act, officially known as the Internal Security Act of 1950, was a legislative response to the perceived threat of communism in the United States during the Cold War. Sponsored by Senator Patrick A. McCarran of Nevada, the act established the Subversive Activities Control Board, which had the authority to require organizations deemed communist to register with the Justice Department and disclose information about their members and activities. It also imposed restrictions on known communists, barring them from federal employment, denying them passport rights, and criminalizing attempts to establish a totalitarian regime in the U.S.
In addition, the act included provisions for the emergency arrest and detention of individuals suspected of espionage or sabotage. Although President Harry S. Truman vetoed the act on the grounds that it infringed upon civil liberties, Congress overrode his veto with significant support. The act faced legal challenges, with the Supreme Court eventually addressing issues related to self-incrimination linked to registration requirements. Amendments in 1968 began to dismantle some of the act's provisions, reflecting changing attitudes toward civil rights and governmental power in the years that followed.
McCarran Act
Date: 1950
Description: Statute also known as the Internal Security Act that aimed at stopping communist subversion in the United States.
Significance: The McCarran Act called for the registration of all known communist organizations and individuals in the United States. The Supreme Court, on several occasions, ruled against the Subversive Activities Control Board established by the act.
The McCarran Act, sponsored by Senator Patrick A. McCarran of Nevada, attacked the alleged communist threat. It created a Subversive Activities Control Board that could, with approval of the U.S. attorney general, order an organization that it found to be communist to register with the Justice Department and submit information concerning its membership, activities, and finances. Furthermore, the act prohibited known communists from being employed by the federal government, denied them the right to use U.S. passports, and made it a felony for anyone to attempt to establish a totalitarian dictatorship in the United States. Another provision arranged for emergency arrest and detention of any person likely to commit espionage or sabotage.
President Harry S Truman immediately vetoed the act on the grounds that it violated the Bill of Rights, but his veto was overridden by an 89 percent majority vote. McCarran’s newly formed Senate Internal Security Subcommittee worked closely with the Federal Bureau of Investigation and conducted hearings for the next twenty-seven years in an attempt to enforce the act. In Communist Party v. Subversive Activities Control Board (1961), the Supreme Court upheld the legality of registration but would not rule on the constitutionality of the 1950 act until it was enforced. In Albertson v. Subversive Activities Control Board (1965), the Supreme Court ruled that registration, which could have negative repercussions, was self-incrimination and therefore violated the Fifth Amendment. In 1968 Congress amended the 1950 act to eliminate the self-registration requirements, and the act’s provisions were dismantled piece by piece during the 1970’s.