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S, | A Honorable George Cochran Doub Apr4l 23, 1758 i am wholly sympathetic, therefore, with all reasonable efforts -of vongress to correct such decisions for the future, with the earnest hope that the attitude of the Supreme Court will change if Congress acts promptly. Moreover, I am perfectly willing to accept efforts by Congress, even 1f I don't agree with the exact method, to overcome the action ot the Supreme Ccurt, which clearly falls within Judge Hand's definition of legis- lative action. Surely,great respect is to be given under our form of government to Congress, to which the Constitution has delegated :@gisiative Dower. The Executive and Judiciary eu si Fa emt ee ae Se ee ee a should accord it real and not pretended respect, particularly in a field where legislative and executive thot the Judiciary) have together the public responsibility for the national secur- ity. Faced with the fact that the Supreme Court quite obviously minimizes the danger of internal subversion and does not under- stand it,and assuming the sincerity of Messrs. Brownell, Rogers and Hoover in their efforts to control subversion, it seems to follow in this context - that efforts of Congress to remove the dudielial roadblock snould be received favorably, T would cer- tainly go a long way before opposing such legisiation, even though eacn one of us would have a little different idea on how it should be framed. Of course, in testilying oefore the Judiciary Commit- tee, we naturally suggest our own viewpoint. As a conservative, I happen to be against the original Jenner approach attacking the entire problem from the standpoint of appellate jurisdiction. I did not doubt the constitutional power, as I shall point out nereafter. Even though I am strongly against the decisions in the five areas covered by the origina: Jenner Bill, I thought it better to cover as many of them as were reasonably possible by statutory change and to restrict the jurisdic viona. approach to one er two fields, as I shall point out later. Since I testi- fied, I am delighted to find that tne Commitvee has adopted the statutory approach except in one tield, to be discussed below, so that most of py objections have been obviated, and in my " own view the remainder are within the realm of easy acceptabili by tolerant opponents or the original Billi. I can only discuss the Bill as I understand it now 1s drawn or 4s likely to be . drawn. I think it will be found that the statutory changes are readily classified'within the admissible territory of a possible legislative approach, as to which certainly no one can possibly say in advance that they are plainly unconstitu- tional. The Koenigeberg case I will postpone until last. tv aad aoe: