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Supreme Court — Part 12

114 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 112 pages OCR'd
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ems (Rev. 10-29-57) Butler Court Bill -+ In a letter to ator Wiley, Republican member of the Judiciary Committee, Deputy Attorney General Walsh, speaking for the Ei- senhower administration, ob- jects to the Butler substitute bil] and undertakes to defend the decisions of the Supreme Court in the Watkins, Cole, Neko and Konigsherg cases. The notorious Watkins case igs a judicial declaration of how Congress should proceed in its own business of legis- lating, of which it is, by Article 1 of the Constitution, made the sole repository. Since 1821, unti) this deci- sion, the right of Congress itself to decide whether and how investigations were re- lated to the legislative proc- ess had mever been ques- tioned. The Steve Nelson decision struck down anti-sedition Jaws which had been on the books of 42 States for dec- ades and the sponsor of the Smith Act (eat issue in the Nelson case} himself ex- pressed, on the floor of Con- gress, the explicit under- standing that the Act would , hot supersede State laws in 4 the same field. This was the first and only court decision in the Nation's history which suggested that sedition was not properly a State concern. The Cole case limits Gov- ernment dismissal of em- ployes as security risks, ai- _ though, in 1789, James Madi- son, “Father of the Consti- tution,” declared an unquali- fied removal power to be solely “an executive power,” which view prevailed unchal- lenged until the Cole case. This prinaiple was extended by Congress in 1946 and gave to agency heads the right to fire persons whose continued service, in their absolute dis- cretion, was contrary to the national interest. Mr. Walsh also defends ‘the arrogant and intolerable pers decisi of the Konigs- rg decision (singled out as the primary issue-dntheZut- ber substitute) which dicte tes to the States the terms on fw wiftttrteeyrers shotte-be-we- mitted to State bars, so that “State sovereignty” no longer has any meaning and the Tenth Amendment becomes a nullity, Finaliy, ff the administra- tion objections to the Butler substitute bill are sound, why did half of the large Judi- ciary Committee, all of whose members are experienced lawyers, many with judicial service, approve the Jenner bill, which is imtuch more restrictive? The Walsh letter indisputably shows that this administration no longer travers in the “middle of the rogf but has moved, with Warren court, far to left] Oh, the land of the fre}; isnt it just grand! Old Reactionary “4 LP, (ir Tolson dma I felmont ; ohr Neas Parson Rosen ______—_ / Tamm —___ Bf, 3 Trotter ____ A Clayton Tele. Room Holloman Gandy MN me VW Ns ‘Oe ry v ob \! { , \ aN Wash. Post and —— Times Herald Wash, News —___. Wash, Star fii”: N, Y. Herald —_ Tribune N, Y. Journal- American N. ¥. Mitror —_. N. Y. Daily News — N, Y. Times —— Daily Worker ___ The Worker __ New Leader
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