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Supreme Court — Part 21

109 pages · May 11, 2026 · Document date: Jun 18, 1957 · Broad topic: Civil Rights · Topic: Supreme Court · 109 pages OCR'd
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FRIDAY, JUNE 21, 1957 epee Congress Versus Supreme Court he will ask for legislation to give the Supreme Court a better under. atanding of its functions as laid down Pore wuss Etsenhower hints that by the Constitution and a long line of. precedents set by the court itself. Rep. - Francls E, Walter, chairman of the un- American activities subcommittes,: says that he will introduce # bill that the Su- preme Court “can understand.” ‘These remarks are directed at two re- cent decisions. One makes relevant FBI records available to Communist defend. ants, The other reverses # number of verdicts under the Smith Act In language that weakens the power of Congress to enact anti-Communist legislation. ‘Congress should come to the defense of the FBI. But, above all, it should come to the defense of itself, When this government was set up, it was contem- Plated as a form of government that would be run by the peaple through elective representatives, This meant a government with a powerful legislative branch. But when some future historian writes an objective political history of the United States, he will give a long chap teg-tothe silpping away of congressional authority to the executive branch, on one ~hand, and the judicial branch, on the other, ~Begloning with Roosevelt's adminis ‘tration, the setting up of powerful bu. reaus began to steal away Congress’ do. mestic authority. Secret treaties (in effect, if not name) made without Senate confirmation took away from Congress a ~ part of whatever authority had been given it under the Constitution. ~ The Supreme Court has followed the rexecutive bureaus by entering into the field of lawmaking itself, and it is doing 60 primarily on the basis of personal opinion of the Justices and not the Con. satitution and statutes or the precedent of prior decisions. Congress put the Supreme Court in its place in the act returning the tide. lagds to the states. It would have done 80 In the netural-gas case had not Eisen. hower vetoed. It should enact # Jaw to colnteract the annihilating effect of the court's recent decisions smoothing the way for Communist infiltration In. this country, In fact, Congress should adopt @ general policy of enacting laws “that the Supreme Court can understand.” Maybe it will take a hint. 44 JIIN 26 1957 eee eee eee Mr. Holloi Miss Gaenc
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