Ludecke v. Watkins, District Director of Immigration (335 U.S. 160)
U.S. Supreme Court · decided June 21, 1948 · Supreme Court Database (Spaeth)
- Citation
- 335 U.S. 160 · 68 S. Ct. 1429
- Docket
- No. 723
- Argued
- May 3, 1948
- Decided
- June 21, 1948
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Frankfurter
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter (wrote), Justice Reed
- Dissenting
- Justice Douglas (wrote), Justice Black (wrote), Justice Rutledge, Justice Murphy
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. The Fifth Congress committed to the President these powers: “Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of. the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized, in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.” (Act of July 6, 1798, 1 Stat. 577, R. S. § 4067, as amended, 40 Stat.…
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