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Supreme Court — Part 12
Page 108
108 / 114
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
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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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