discretion with which the Court was concerned was discretionary control over international travel. Only in times of war and national emergency has a passport been required to leave or enter the country, and hence only in such times has passport power necessarily meant power to control travel. It faulted the majority's assertion that the passport denials here were beyond the pale of congressional authorization because they do not involve grounds either of allegiance or criminal activity. It argued that neither of the propositions set out by the majority — (1) that the Secretary's denial of passports in peacetime extended to only two categories of cases, those involving allegiance and those involving criminal activity, and (2) that the Secretary's wartime exercise of his discretion, while admittedly more restrictive, had no relevance to the practice which Congress could have been said to have approved in 1952 — had any validity: the first was contrary to fact, and the second to common sense. On this multiple basis, then, Judge Clark was constrained to disagree with the majority as to the authority of the Secretary to deny petitioners' applications for passports and would affirm on the issue of the Secretary's authority to require the affidavits involved in this case. He did not reach any constitutional questions, delegating to the majority's resolution of the authority question, the inability to rule on the constitutional issues raised by petitioners relating to claimed unlawful delegation of legislative power, violation of free speech and association under the First Amendment, and violation of international travel under the Fifth Amendment. See also Eunique v. Powell: 9th Circuit Court of Appeals case involving withholding passports based on overdue child support Zemel v. Rusk References External links Freedom to Travel Campaign v. Newcomb Three human rights in the Constitution of 1787, Chafee, Zechariah 1956, University of Kansas Press (Lawrence) United States Supreme Court cases United States Supreme Court cases of the Warren Court United States substantive due process case law 1958 in United States case law World Peace Council Passports Communist Party USA litigation