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Supreme Court — Part 17
Page 72
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606—SEPARATE
6 ILLINOIS v. ALLEN
moval of a defendant from the courtroom during a trial
because he was insisting on his constitutional rights,
albeit vociferously, no matter how obuoxious his philos-
ophy might have been to the bench that tried him?
Would we uphold contempt in that situation?
Problems of political indictments and of political
judges raise profound questions going to the heart of
the social compact. For that compact is two-sided:
majorities undertake to press their grievances within
a limits of the Constitution and in accord with its proce-
‘i dures; minorities agree to abide by constitutional pro-
cedures in resisting those claims.
Does the answer to that problein involve defining the
procedure for conducting political trials or does it involve
i the designing of constitutional methods for putting an
poi ae end to them? This record is singularly inadequate to
answer those questions. It will be time enough to re-
solve those weighty problems when a political trial
reaches this Court for review.
Second are trials used by minorities to destroy the
existing constitutional system and bring on repressive
measures. Radicals on the left historically have used
those tactics to incite the extreme right with the ealeu-
lated design of fostering a regime of repression from
which the radieale on the left hone to emerge as the
WEAMAWEk MER BEANE Urea ea A SS Ue ake By weal
ultimate victor.* The left in that role is the provocateur.
The Constitution was not designed as an instrument for
that form of rough-and-tumble contest. The social
compact has room for tolerance, patience, and restraint,
but not for sabotage and violence. Trials involving that
spectacle strike at the very heart of constitutional
' government.
ee es sill ee
*As respects the strategy of German Communists vis-d-2vis the
Nazis in the 1930's, see Heiden, Der Fuehrer, pp. 461, 462, 525,
eae 651-552 (1944).
ib aoe
co ta ei
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