Smith Act
The Alien Registration Act, also referred to by Congressman Howard W. Smith of Virginia as Smith Act, was a law passed by Congress on June 29, 1940 U.S. law.
Immigration Legal aspect
This law was the first to be, committed foreigners who were older than 14 years at the time of entry to be registered with the federal government and the deposit of fingerprints. The only exception were members of foreign governments and their family members. After registering now received every immigrant the Alien Registration Receipt Card, this is considered the forerunner of today's popular green card. Carrying this card is mandatory for all U.S. residents foreigners over 18 years. The foreigners could be prosecuted and reported for organizing the illegal entry of other immigrants, smuggling or for membership of an illegal organization.
Domestic political aspect
The Alien Registration Act was also used to take action against domestic opposition groups, particularly against communist. However felt the political spectrum right-wing critics of President Franklin D. Roosevelt created the first effects stronger, as the Communist Party USA ( CPUSA ) was a political ally of Roosevelt during World War II.
In this context, Howard Zinn criticized him as a continuation of the Espionage Act adopted in 1917. The Smith Act leading to the effect that further deepens that statements which were getätig with destructive intent, have now been made even in peacetime are punishable. To this end, the text reads:
" It shall be unlawful for any person to [ ... ] advocate [ ... ] [the ] propriety of Overthrowing or destroying any government in the United States by force and violence "
"It is unlawful for any person to advocate the violent overthrow of any government in the United States. "
Penalty for violations
In a breach of the 'Alien Registration Act ' was liable to a fine or imprisonment. It was also possible through a system of blacklists of losing his job. Addition, it was also a deportation be made. Leading politicians of the Trotskyist left as James P. Cannon and then the Communist Party of the USA as Eugene Dennis or Gus Hall were convicted on the basis of this Act to imprisonment.
Court rulings on the constitutionality of the law
On June 4, 1951, the Supreme Court decided by a lawsuit filed by Eugene Dennis, 6-2 voices, that the law was constitutional, as a difference between an abstract, protected by the Constitution, advocacy of an alternative form of government and an aggressive action against American state was seen.
1957 decided the same Court that the law was unconstitutional, since the above mentioned difference was not considered decisive.