ORCID

0000-0002-8857-5647

Abstract

Terrorist watchlists used to restrict travel into and out of the United States owe their conceptual origins to Mrs. Ruth B. Shipley, the Chief of the State Department’s Passport Division from 1928 to 1955. Mrs. Shipley was one of the most powerful people in the federal government for almost thirty years, but she is virtually unknown today. She had the unreviewable discretion to determine who could leave the United States, for how long, and under what conditions.

This article examines how Mrs. Shipley exercised her power through a detailed study of original documents obtained from the National Archives. It then compares her work to the current watchlisting procedures employed by the Terrorist Screening Center and Department of Homeland Security. The article concludes that today’s so-called “No Fly List” used to deny boarding passes to suspect travelers resonates with Mrs. Shipley’s passport power, which was rightly scaled back by the courts and Congress as incompatible with our constitutional values.

Publication Title

Connecticut Law Review

Publication Date

2011

Document Type

Article

DOI

http://dx.doi.org/10.2139/ssrn.1604602

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