Proposed Changes to Security Clearance Programs: Hearing Before the Subcommittee on Civil Service of the Committee on Post Office and Civil Service, House of Representatives, One Hundred First Congress, First Session, March 9, 1989

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Էջ 56 - Certain principles have remained relatively immutable in our jurisprudence. One of these is that where governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the government's case must be disclosed to the individual so that he has an opportunity to show that it is untrue.
Էջ 66 - I hold that, notwithstanding all this, there is no reason in the world why the negro is not entitled to all the natural rights enumerated in the Declaration of Independence— the right to life, liberty, and the pursuit of happiness.
Էջ 61 - The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment.
Էջ 77 - The issue, as we see it, is whether the Department of Defense has been authorized to create an industrial security clearance program under which affected persons may lose their jobs and may be restrained in following their chosen professions on the basis of fact determinations concerning their fitness for clearance made in proceedings in which they are denied the traditional procedural safeguards of confrontation and cross-examination.
Էջ 56 - This Court has been zealous to protect these rights from erosion. It has spoken out not only in criminal cases, . . . but also in all types of cases where administrative and regulatory actions were under scrutiny.
Էջ 51 - GOVERNMENT ACCOUNTABILITY PROJECT 25 E Street, NW, Suite 700 Washington. DC 20001...
Էջ 139 - Congress, to have membership in any political party or organization which advocates the overthrow of our constitutional form of government in the United States.
Էջ 8 - State, the Federal Bureau of Investigation and the Central Intelligence Agency as well as Justice and OPM.
Էջ 56 - Government's case must be disclosed to the individual so that he has an opportunity to show that it is untrue. While this is important in the case of documentary evidence, it is even more important where the evidence consists of the testimony of individuals whose memory might be faulty or who, in fact, might be perjurers or persons motivated by malice, vindictiveness, intolerance, prejudice, or jealousy. We have formalized these protections in the requirements of confrontation and cross-examination....
Էջ 56 - For two centuries past, the policy of the AngloAmerican system of Evidence has been to regard the necessity of testing by cross-examination as a vital feature of the law. The belief that no safeguard for testing the value of human statements is comparable to that furnished by cross-examination, and the conviction that no statement (unless by special exception) should be used as testimony until it has been probed and sublimated by that test, has found increasing strength in lengthening experience.

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