[70] McCarthy v. Arndstein, 262 U.S. 355 (1923).
[71] McCarthy v. Arndstein, 266 U.S. 34 (1924).
[72] Hale v. Henkel, 201 U.S. 43 (1906); Wilson v. United States, 221 U.S. 361 (1911); Oklahoma Press Pub. Co. v. Walling, 327 U.S. 186 (1946).
[73] United States v. White, 322 U.S. 694 (1944).
[74] Rogers v. United States, 340 U.S. 367, 372 (1951).
[76] 335 U.S. 1 (1948).
[77] Ibid. 33. In a dissenting opinion Justice Frankfurter argued: "The underlying assumption of the Court's opinion is that all records which Congress in the exercise of its constitutional powers may require individuals to keep in the conduct of their affairs, because those affairs also have aspects of public interest, become 'public' records in the sense that they fall outside the constitutional protection of the Fifth Amendment. The validity of such a doctrine lies in the scope of its implications. The claim touches records that may be required to be kept by federal regulatory laws, revenue measures, labor and census legislation in the conduct of business which the understanding and feeling of our people still treat as private enterprise, even though its relations to the public may call for governmental regulation, including the duty to keep designated records.... If Congress by the easy device of requiring a man to keep the private papers that he has customarily kept can render such papers 'public' and nonprivileged, there is little left to either the right of privacy or the constitutional privilege." Ibid. 70.
[78] The Institutes, Part 2, 50-51 (1669).
[79] On the above see especially Justice Harlan's dissenting opinion in Hurtado v. California, 110 U.S. 516, 538 (1884); also Den ex dem. Murray v. Hoboken Land & Improvement Co., 18 How. 272, 280 (1856); Twining v. New Jersey, 211 U.S. 78 (1908); also Corwin, Liberty Against Government (Louisiana State University Press), chap. III.