The Mundt–Ferguson Communist Registration Bill was a proposed law that would have required all members of the Communist Party of the United States register with the Attorney General.
In 1940, the U.S. Congress passed the Smith Act.
In 1948, the House proposed the Mundt–Nixon Bill, or "Subversive Activities Control Act [of] 1948,", [1] [2] as H.R. (House Resolution) 5852, [3] which sought registration of Communist Party members and sources for printed and broadcast material issued by Communist fronts. On May 19, 1948, the bill passed the House by 319 to 58. [4] [5] [6] The Senate Judicial Committee held hearings at the end of May 1948 "the purpose of receiving testimony and opinions in relation to the constitutionality and practicality of H. R. 5852." [2] However, the United States Senate did not act on the bill. [7]
In 1950, the bill was re-introduced two years later, as the Mundt-Ferguson bill (also known as the Subversive Activities Control Bill). Again it was passed by the House of Representatives but failed in the Senate.
On March 4, 1950, the Senate Judiciary Committee passed a "New Mundt Bill" by 8 to 1. According to the New York Times, "the revised Mundt bill would specifically make it a crime, in peace or war, for any Federal employee to transmit secret information to a foreign agent or to a member of a Communist organization. The employees, as well as those receiving the data, would subject to maximum penalties of ten years in jail and $10,000 fines." The same penalties would go to anyone of conspiring to foster establishment of a "totalitarian dictatorship." [8]
U.S. Senator Pat McCarran then took many of the provisions from the bill and included them in legislation he introduced that became the McCarran Internal Security Act, which passed both houses of Congress in 1950.
The Internal Security Act of 1950, 64 Stat. 987, also known as the Subversive Activities Control Act of 1950, the McCarran Act after its principal sponsor Sen. Pat McCarran (D-Nevada), or the Concentration Camp Law, is a United States federal law. Congress enacted it over President Harry Truman's veto. It required Communist organizations to register with the federal government. The 1965 U.S Supreme Court ruling in Albertson v. Subversive Activities Control Board saw much of the act's Communist registration requirement abolished. The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon. The act's Subversive Activities Control Board, which enforced the law's provision calling for investigations of persons engaging in "subversive activities," would also be abolished in 1972.
John Little McClellan was an American lawyer and segregationist politician. A member of the Democratic Party, he served as a U.S. Representative (1935–1939) and a U.S. Senator (1943–1977) from Arkansas.
Patrick Anthony McCarran was an American farmer, attorney, judge, and Democratic politician who represented Nevada in the United States Senate from 1933 until 1954.
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives (1939–1948) and in the United States Senate (1948–1973).
John Francis Cronin (1908–1994) was a Catholic priest of the Society of Saint Sulpice, who was an early advisor on anticommunism to freshman U.S. Representative Richard M. Nixon.
The 81st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 1949, to January 3, 1951, during the fifth and sixth years of Harry S. Truman's presidency.
Lee Pressman was a labor attorney and earlier a US government functionary, publicly alleged in 1948 to have been a spy for Soviet intelligence during the mid-1930s, following his recent departure from Congress of Industrial Organizations (CIO) as a result of its purge of Communist Party members and fellow travelers. From 1936 to 1948, he represented the CIO and member unions in landmark collective bargaining deals with major corporations including General Motors and U.S. Steel. According to journalist Murray Kempton, anti-communists referred to him as "Comrade Big."
Harley Martin Kilgore was a United States senator from West Virginia.
The McCarran–Ferguson Act, 15 U.S.C. §§ 1011-1015, is a United States federal law that exempts the business of insurance from most federal regulation, including federal antitrust laws to a limited extent. The 79th Congress passed the McCarran–Ferguson Act in 1945 after the Supreme Court ruled in United States v. South-Eastern Underwriters Association that the federal government could regulate insurance companies under the authority of the Commerce Clause in the U.S. Constitution and that the federal antitrust laws applied to the insurance industry.
The Subversive Activities Control Board (SACB) was a United States federal committee. It was the subject of a landmark United States Supreme Court decision of the Warren Court, Communist Party v. Subversive Activities Control Board, 351 U.S. 115 (1956), that would lead to later decisions that rendered the Board powerless.
Francis Eugene Walter was a Democratic member of the U.S. House of Representatives from Pennsylvania. Walter was a prominent member of the House Un-American Activities Committee from 1951 to 1963, serving as chair of that committee for the last nine of those years. He was a Democrat who wanted to minimize immigration and was largely responsible for the McCarran–Walter Act of 1952, which kept the old quotas but also opened up many new opportunities for legal immigration to the US.
The Non-Detention Act of 1971 is a United States statute enacted to repeal portions of the McCarran Internal Security Act of 1950, specifically Title II, the "Emergency Detention Act". The law repealed the Emergency Detention Act of 1950 provisioning the United States Attorney General with powers for detention of anyone in the US deemed to be a threat to the national security of the United States. The 64 Stat. 1019 statute was codified within Title 50 War and National Defense as 50 U.S.C. ch. 23, subch. II §§ 811-826.
Jerry Joseph O'Connell was an American attorney and politician. He is most notable for his service as a member of the United States House of Representatives from Montana.
The 1950 United States Senate election in California was held on November 7 of that year, following a campaign characterized by accusations and name-calling. Republican Representative and future President Richard Nixon defeated Democrat Representative Helen Gahagan Douglas, after Democratic incumbent Sheridan Downey withdrew during the primary election campaign. Douglas and Nixon each gave up their congressional seats to run against Downey; no other representatives were willing to risk the contest.
The House Committee on Un-American Activities (HCUA), popularly the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloyalty and subversive activities on the part of private citizens, public employees, and those organizations suspected of having fascist and communist ties. It became a standing (permanent) committee in 1945, and from 1969 onwards it was known as the House Committee on Internal Security. When the House abolished the committee in 1975, its functions were transferred to the House Judiciary Committee.
Irvin Chambers Scarbeck was a US State Department official who was convicted of giving information to Polish UB during the Cold War after he became involved in a romantic affair with a Polish woman and was blackmailed by Polish intelligence agents. His case was the first prosecution under Title 50 783(b) of the Subversive Activities Control Act. His case also prompted a modification of the Espionage Act of 1917 to allow it to be used outside U.S. territory.
The Mundt–Nixon Bill, named after Karl E. Mundt and Richard Nixon, formally the Subversive Activities Control Act, was a proposed law in 1948 that would have required all members of the Communist Party of the United States register with the Attorney General.
Joseph Forer was a 20th-century American attorney who, with partner David Rein, supported Progressive causes, including discriminated communists and African-Americans. Forer was one of the founders of the National Lawyers Guild and its DC chapter. He was also an expert in the "Lost Laws" of Washington, DC, enacted in 1872–1873, that outlawed segregation at business places.
American Committee for the Protection of Foreign Born was the successor group to the National Council for the Protection of the Foreign Born and its successor, seen by the US federal government as subversive for "protecting foreign Communists who come to this country," thus "enabling them to operate here.".
The National Committee to Defeat the Mundt Bill AKA "NCDMB" (1948-1950) was an American organization that sought to oppose passage of the Mundt-Nixon Bill and subject of a 15-page report of the House Un-American Activities Committee, two of whose members were US Representatives Karl E. Mundt and Richard M. Nixon.