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United States v. Witkovich, 353 U.S. 194 (1957)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Witkovich, 353 U.S. 194 (1957)
United States v. Witkovich No. 295 Argued February 28, 1957 Decided April 29, 1957 353 U.S. 194
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
Syllabus
Appellee was indicted under § 242(d) of the Immigration and Nationality Act of 1952 on the charge that, as an alien against whom a final order of deportation had been outstanding for more than six months, he had willfully failed to give information requested by the Immigration and Naturalization Service under the purported authority of clause (3) of that Section. The information he was charged with failing to furnish concerned (1) present membership in and activities on behalf of the Communist Party and other organizations, and (2) associations with particular individuals.
Held: construing clause (3) of § 242(d) in the context of the entire Section and of the scheme of the legislation as a whole, with due regard to the principle of so construing statutes as to avoid raising constitutional questions, the information an alien is required to furnish under clause (3) relates solely to his availability for deportation, and dismissal of the indictment for failure to state an offense is sustained. Pp. 194-202.
140 F. Supp. 815 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Witkovich, 353 U.S. 194 (1957) in 353 U.S. 194 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=57Y2DGSKN5ARNTW.
MLA: U.S. Supreme Court. "Syllabus." United States v. Witkovich, 353 U.S. 194 (1957), in 353 U.S. 194, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=57Y2DGSKN5ARNTW.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Witkovich, 353 U.S. 194 (1957). cited in 1957, 353 U.S. 194. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=57Y2DGSKN5ARNTW.
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