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Supreme Court — Part 12
Page 62
62 / 114
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¢ 38 8Tat@-wila frce of moral do . ‘any kind,
The views of Justices Douglas and Black rule out the
Guarantees of the Declaration of Independence and the Constitution
of the United Btates which protect the individual's inalienable
rights and the jurisdiction of the states. The philosophy of these
two justices ignores such guarantees on. the assumption that the neces.
sities of the government are paramount. In both the Texas and
Culifornia cases involving the title to Tidelands, the Court upheld
teig aoitrine without defining what are the necessities of the
Zovernmenrt, The language of these justices uging auch phrases as,
“bare lezal title", or, "K2re property ownership" indicates their
juridical siilosophy.
The exact larguage of Justice Douglas is, “Property
rights must then be so subordinated to political rights as in sub-
stance to coalesce and unite in the national sovereign....." The
conception of property rights in our country has always been based on
their existence by right of law and not by the Fiat of the particular
which happens to be in power. If this were not true, then succeeding
administrations could by Fiat change the titles to property held by
their political opponents. This is the method in vogue in Totalita-
‘ian countries to deprive people of their property.
Our economy, our social life, is organized on "legal
titles". Persons have title to their home
other things needed in everyday life. This legal title is the sole
right to this ownership without fear of dispossession by government
Fiat.
In the absolute State countries, “legal title” exists
only in the government, and in these lands, the government divests
the
jn the stdte. This is Marxian philosophy practised in Communist
lands.
‘Fence: when a justice of the Supreme Court describes
“legal title” by using such an adjective as “bare he is propounding
a @dngerous doctrine which upholds a cardinal tenet of Marxian
Socialism and which is a principal dogan of Communism. These idea
expressed by such wide sweeping language of the justices, transcend
all other considerations in the Tidelands cases, for here we bave an
desue which penetrates to the very foundation of Gur Awerican philosc-
phy of law and life as we know it, and attacks the fundamental rights
So expressly guaranteed to us by the Declaration of Independence and
the Constitution of the United States, and which are described a&
-15- ;
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