Rush. 381 U.S. 1 (1965) at page 14. concerning the reasonable Government restrictions on the right to travel abroad. The Court went on to state that the test of reasonableness which obviously involves the consideration of the individuals Interest in freedom as opposed to societys interest. not only concerns the governmental restriction imposed but also the extent of the necessity of the restriction. In the Carlson case mentioned before. the Supreme Court upheld the denial of bail to alien Communists pending deportation proceedings in the face of the due process argument by stating that the refusal of bail was not arbitrary or an abuse of power under the circumstances. There is also legislative precedent on the point. Congress in .1964 enacted the District of Columbia Hospitalization of the Mentally Ill Act. 21 District of Columbia Code. section 501. a bill sponsored by Senator ERVIN. which provided for detention in a hospital of individuals believed to be mentally ill and dangerous prior to any court determining the mental illness or resulting dangerousness.
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deportation