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~“ WHEREAS in the {966 National Convention, The ‘American Legion renewed - its demand for correcting the Supreme Court ib a well prepared resolution No, 44 stating that the Supreme Court "has usurped the role Mt the Congress, - _the Executive branch and the sovereingty of the several statey see, and { a cca WHEREAS it resolves ( “Phat if a constitutional amendment ta deemed nec- ‘ fe ‘|. #faary tO reassert the gupremacy of Congresa in legislative matters, then ' let auch amendment bé submitted to the atatea for ratification, couched in ‘terme that cannot be misconstrued or ignored. nr " Gee page 47 7 Summary at » Proceedings, 1866 fettonal Convention), and a : Ne : a a 1 WHEREAS in a hard-atriking article-in the March tesue “of American “iphh eeme e Legion Magazine, styled "The Supreme Court and the Feinberg Law" - 3 . National Commander John E. Devis<points out fhe évil being done by the # Gupreme Court's recent decision knocking out New York's Feinberg Law, «Which permitted firing & teacher in the public schools for being a member | . of the Communist party; and Commander Davis pointing out that the Supreme -~. ° Court's an ™. . . now stands ag a 1 for the Communists td step-up “le: their fifty r efforts to infiltrate American public education", urgea ". . . “|” that Congress must do some about this or surrender to the Court its .powers and duties to protect the country. A bipartisan effort of the best . Jigal and constitutional minds should devise new law without delay -- Con- , atitutional amendrnent if need be.' " and € . WHEREAS tee attached proposgl tor an amendment to the Constitution of the United States would set up a Ufiited States Appellate Court which, because of - its powers and the provisions for appointment, tenure and qualifications of ite < judges, We believe would improve the appellate process in the federal courts and would correct many of the complaints on the subject ‘by Commander Davis * d-otber-netionalteadere,——— ha NOW, THEREFORE, He It Resolved by THE AMERICAN LEGION, Fost 32, Springfield, Dinois, in regular meeting. May 12, 1867 ag follows: 1, We endorse the attached draft of the proposed U, 8, Appellate Court ee dak o —— ee ees Amendment and recommend tne American Legion SUPPOrt it as the "Commander John E, Davis Amendment”. 2. We ask that this resolution and the proposed amendment be passed on to a our intermediate conventions a and that they be acted on by our Department and” ‘National conventions. * * 3, On the concurrence of the Commander of 21st District we ask that copies _of this resolution and the attacheu draft of the proposed amendment be sent to the Department of California, New Mexico, Indiana and Ohio whoge zesoclu- tlona along with Reavlution No, §48 from the Department of Dlinois wefe com- bined to make Resolution No, 44, and we ask that the Departments aend them or other source of the Department reaolution and we invite cor~ reaponce with such Posts an and ot Others interested In the subject a6 that a-¢on=—————_- certed effort may be madé to present ¢ and aupport this ora simar proposal to our National convention. , % - : . ‘ 4, We ask that where this amendment is adopted, either at National or Depart- ment level, that a special Legislative cfficer be appointed in the National, or Departmént or Post or other gubdivision in the American Legion to promote the 7 Rppeas for et urea, To serve under ‘he regular’ Legislative . . anragantatt . - : —— a ed De ps Sa Sie ve ee ct - . -% a xz. Vas 15 67° 7 4 \